Mission Denver Co. v. Pierson

ERICKSON, Chief Justice.

We granted certiorari to review United Bank of Denver National Association v. Pierson, 661 P.2d 1191 (Colo.App.1982), which imposed sanctions pursuant to C.A.R. 38 for prosecution of a frivolous appeal. 1 The Court of Appeals, sua sponte, found the appeal to be frivolous and awarded damages of $500 and double costs to appellee. Because C.A.R. 38 does not spell out standards for determining when an appeal is frivolous, we granted certiorari. In our view, the appeal was not frivolous and we therefore reverse and dismiss the award of damages and double costs.

I

United Bank…