Sifton v. Stewart Title Guaranty Co.

Opinion by

Judge WEBB.

This case presents an unresolved question of Colorado law: If a respondent releases a contested lien or document before the show cause hearing under section 38-35-204 of the Spurious Liens and Documents statute, seetion 38-35-201, et seq., C.R.8.2010, must the trial court still hold a hearing to resolve the respondent's lability for attorney fees?

Here, the trial court dismissed the action of plaintiff, June Marie Sifton, and declined to award attorney fees because respondent, Stewart Title Guaranty Company, had voluntarily released its contested deeds of trust shortly…