Legal Opinion
Branch v. Colorado Department of Corrections
Colorado Court of Appeals
Decided December 18, 2003No. 01CA2403PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
Judge WEBB.
In this C.R.C.P. 106(a)(4) action, plaintiff, Michael Branch, appeals the trial court’s order denying his request for costs against defendant, the Colorado Department of Corrections (DOC). We reverse and remand for an award of costs.
Plaintiff brought this C.R.C.P. 106(a)(4) action challenging his conviction for a violation of the DOC Code of Penal Discipline. The trial court reversed the conviction and awarded plaintiff his costs.
Upon DOC’s motion for reconsideration, the trial court reversed the cost award, finding that the award was contrary to the prohibition of cost…
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