Full question:
I have filed and won a lawsuit against a company in Colorado. The company is filing an appeal and I have asked my lawyer to file a cross appeal to add in cost of attorneys fees. I am told this can not be done because it was not stipulated in the contract the company violated or is against Colorado law. Any advice?
- Category: Judgments
- Date:
- State: Colorado
Answer:
The answer will depend on all the facts involved, such as whether you asked for attorney fees in the complaint and whether a default judgment was entered. If the judgment was not by default, the court has discretion to award damages not asked for in the complaint. We suggest you ask your attorney to review the applicable contract clause or law with you.
Please see the following CO court rule:
RULE 39.5. ATTORNEY FEES ON APPEAL
If attorney fees are otherwise recoverable for the
particular appeal, the party claiming attorney fees shall
specifically request them, and state the legal basis
therefore, in the party's principal brief in the appellate
court. Any opposition to a request for attorney fees shall
be set forth, as pertinent, in either the answer or reply
brief. The appellate court may determine entitlement to and
the amount of any attorney fees for the appeal. In its
discretion, the appellate court may remand to the trial
court or tribunal below the determination of entitlement to
or the amount of any attorney fees.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
