Legal Opinion

Fritzler v. Mitchell (In re Estate of Fritzler)

Colorado Court of Appeals

Decided January 12, 2017No. Court of Appeals Nos. 15CA1661 & 16CA0148Published

1Opinion of the Court

Opinion by JUDGE ASHBY

¶ 1 This is an appeal from two separate proceedings. In the first, Steven Fritzler appeals from the trial court's judgment in favor of Cheryl Mitchell, the personal representative (PR) of the Estate of Edward J. Fritzler. In the second, the PR and the Estate appeal from the court's order denying attorney fees and partially denying costs. We are asked, as a matter of first impression, to decide whether the trial court properly concluded that, if fees could not be awarded under section 13-17-102, C.R.S. 2016, it also could not award attorney fees to the PR under its…

2Cases cited27 opinions

  1. Hock v. New York Life Insurance Co.Supreme Court of Colorado · 1994
  2. Allstate Insurance Co. v. HuizarSupreme Court of Colorado · 2002
  3. Bly v. StorySupreme Court of Colorado · 2010
  4. Cherry Creek School District 5 v. Voelker Ex Rel. VoelkerSupreme Court of Colorado · 1993
  5. Krueger v. ArySupreme Court of Colorado · 2009

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