Bergeson v. Midway Development Co. No. 3

Opinion by

Judge JONES.

Defendants, Midway Development Co. No. 3, Mike A. Leprino, Ridgewood Realty, Inc., and Elbert Wilcox, appeal from the trial court order denying them attorney fees pursuant to § 13-17-101, et seq., C.R.S. (1987 Repl.Vol. 6A), against plaintiffs, Jerry R. and Sharon Bergeson. We affirm.

Plaintiffs initiated this action, asserting five claims against defendants. Two of the five claims were dismissed at the close of plaintiffs’ case, and the jury returned a verdict in favor of defendants on the remaining claims. Defendants sought attorney fees pursuant to § 13-17-101, but the…