Legal Opinion
Commercial Claims, Ltd. v. First National Bank of Glenwood Springs
Colorado Court of Appeals
Decided July 15, 1982No. 82CA0251PublishedCited by 5 opinions
1Opinion of the Court
KELLY, Judge.
Plaintiff, Commercial Claims, Ltd., obtained a judgment against defendant, Ram Construction, Inc., and sought to garnish funds held by garnishee, First National Bank of Glenwood Springs. Plaintiff appeals the trial court’s order awarding garnishee attorneys’ fees for a frivolous claim. We reverse.
Section 13-17-101, C.R.S.1973 (1981 Cum.Supp.) provides for attorneys’ fees under certain circumstances “in any suit involving money damages .... ” A garnishment is not such an action. It “is but an ancillary proceeding ... in aid of execution issued pursuant to an existing judgment,…
2Cases cited2 opinions
- Wright v. NelsonSupreme Court of Colorado · 1952
- Bank of New Mexico v. PriestleyNew Mexico Supreme Court · 1981
3Cited by5 opinions
- Anderson Boneless Beef, Inc. v. Sunshine Health Care Center, Inc.Colorado Court of Appeals · 1994
- L & R Exploration Venture v. CCG, LLCColorado Court of Appeals · 2015
- Thompson v. United Securities Alliance, IncColorado Court of Appeals · 2016
- Citizens Bank v. KruseColorado Court of Appeals · 1984
- ANDERSON BONELESS BEEF v. SunshineColorado Court of Appeals · 1994