Wesley v. Newland

SUMMARY

November 24, 2021

2021COA142

No. 20CA0649, Wesley v. Newland — Attorney Fees — Joint

and Several Fee Awards; Civil Procedure — Joinder

A division of the court of appeals addresses two issues of first

impression. First, whether the Colorado Rules of Civil Procedure

authorize joinder of former counsel for the purposes of

postjudgment proceedings in which attorney fees are sought.

Second, what a court must do to comply with the mandatory “shall

allocate” language in section 13-17-102(3), C.R.S. 2021, when

imposing an attorney fees award.

The division concludes that courts have the authority under

the…