Legal Opinion

Southern Colorado Orthopaedic Clinic Sports Medicine & Arthritis Surgeons, P.C. v. Weinstein

Colorado Court of Appeals

Decided December 18, 2014No. Court of Appeals No. 13CA2011PublishedCited by 19 opinions

1Opinion of the Court

Opinion by

JUDGE BERNARD

11 This appeal focuses on a fee-shifting provision in an employment agreement. This provision states that the prevailing party in any action to enforce the agreement "shall be entitled to recover ... all attorney fees [and] costs."

12 Does this provision require the trial court to award the prevailing party all its attorney fees and costs instead of awarding it only its reasonable attorney fees and costs? We answer this question "no." As a result, we affirm the trial court's decision that awarded only reasonable attorney fees and costs to the plaintiff in this case, a…

2Cases cited21 opinions

  1. Scholz v. Metropolitan Pathologists, P.C.Supreme Court of Colorado · 1993
  2. Hartman v. FreedmanSupreme Court of Colorado · 1979
  3. Colorado National Bank of Denver v. FriedmanSupreme Court of Colorado · 1993
  4. MCDOWELL MOUNTAIN RANCH COMMUNITY ASS'N v. SimonsCourt of Appeals of Arizona · 2007
  5. Tallitsch v. Child Support Services, Inc.Colorado Court of Appeals · 1996

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3Cited by19 opinions

  1. Fisher v. State Farm Mut. Auto. Ins. Co.Colorado Court of Appeals · 2015
  2. Klein v. Tiburon Development LLCColorado Court of Appeals · 2017
  3. Calvert v. MayberryColorado Court of Appeals · 2016
  4. In re Marriage of AragonColorado Court of Appeals · 2019
  5. Whiting-Turner Contracting Co. v. Guarantee Company of North America USAColorado Court of Appeals · 2019

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