Legal Opinion · Concurrence
Pedlow v. Stamp
Colorado Court of Appeals
Decided September 12, 1991No. 90CA1779Published
1Concurrence
Judge DUBOFSKY
concurring.
I wholeheartedly concur in the result reached here; however, I write separately to discuss certain problems with our attorney fees statute that are demonstrated by this case.
As pertinent here, § 13-17-101, et seq., C.R.S. (1987 Repl.Yol. 6A), provides for an award of attorney fees when a lawsuit or claim is deemed substantially frivolous by the trial court. Prior to the enactment of this statute in 1977, Colorado closely followed the traditional American rule, and thus, in virtually all circumstances, one party to a lawsuit was not allowed to recover its legal fees…
2Cases cited4 opinions
- Analytica, Incorporated v. Npd Research, Inc., Defendant-Cross-Appellant-Cross-Appellee. Appeals of Schwartz & Freeman and Pressman and Hartunian ChtdCourt of Appeals for the Seventh Circuit · 1983
- Indianapolis Colts v. Mayor and City Council of BaltimoreCourt of Appeals for the Seventh Circuit · 1985
- Eastway Construction Corp. v. City of New YorkDistrict Court, E.D. New York · 1986
- Ace Title Co. v. Casson Const. Co., Inc.Colorado Court of Appeals · 1988