Gray v. State Farm Mutual Automobile Insurance Co.

Opinion by

Judge CRISWELL.

Plaintiff, Theresa Gray, and her counsel, Ozer & Trueax, appeal the order of the trial court which required them to pay a portion of the attorney fees and costs of defendant, State Farm Mutual Automobile Insurance Company, as a condition of granting a continuance of the trial date. We remand for an evidentiary hearing on the amount of fees.

In Ford v. Simmons, 52 Colo. 249, 121 P. 167 (1912), our supreme court held that a trial court has the discretionary authority *421to impose terms as a condition of granting a continuance. The court went on to state:

the defendants’…