Legal Opinion
Bunnett v. Smallwood
Supreme Court of Colorado
Decided June 18, 1990No. 88SC543PublishedCited by 65 opinions
1Opinion of the CourtJustice Mullarkey
We granted certiorari in this case in order to decide if attorney fees could be awarded as damages in a case where the lawsuit was barred because of an agreement not to sue. The court of appeals held in Bunnett v. Smallwood, 768 P.2d 736 (Colo.Ct.App.1988), that the defendant was entitled to recover his attorney fees and costs where the legal proceedings were instituted in violation of an agreement not to sue. We reverse the court of appeals and hold that, absent a contractual agreement or statutory or rule authority, the non-breaching party to a release is not entitled to attorney fees and…
2Cases cited22 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Western United Realty, Inc. v. IsaacsSupreme Court of Colorado · 1984
- Bellefonte Re Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Argonaut Insurance Company, Defendant-Appellee-Cross-Appellant. Universal Reinsurance Company, Plaintiff-Appellant-Cross-Appellee v. Argonaut Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1985
- Artvale, Inc., Plaintiff-Appellant-Respondent v. Rugby Fabrics Corp. And Barmil Associates, Ltd., Defendants-Respondents-AppellantsCourt of Appeals for the Second Circuit · 1966
- Buder v. Sartore ex rel. BuderSupreme Court of Colorado · 1989
17 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- M.D. Mark, Inc. v. Kerr-McGee Corp.Court of Appeals for the Tenth Circuit · 2009
- Allstate Insurance Co. v. HuizarSupreme Court of Colorado · 2002
- Bernhard v. Farmers Insurance ExchangeSupreme Court of Colorado · 1996
- Dean Witter Reynolds, Inc. v. HartmanSupreme Court of Colorado · 1996
- Denver Homeless Out Loud v. Denver, ColoradoCourt of Appeals for the Tenth Circuit · 2022
60 more not listed; retrieve them via the Exa API.