C.A.R. 39.1

History

Source: Entire rule added and adopted December 4, 2003, effective January 1, 2004; entire rule corrected February 2, 2004, nunc pro tunc December 4, 2003, effective January 1, 2004; entire rule renumbered and amended, effective June 9, 2016; entire rule amended February 24, 2022, effective July 1, 2022 (Rule Change 2022(05)). ANNOTATION Annotator’s note. The following annotations include cases decided under former Rule 39.5. Merely identifying the statute under which fees are requested, without stating the spe- cific grounds that justify an award of fees, does not adequately comply with this rule. In re Newell, 192 P.3d 529 (Colo. App. 2008). Neither party is entitled to recover its ap- pellate attorney fees from the estate where decedent’s siblings and nieces are contesting who is entitled to the estate proceeds, and their respective attorneys are not employed by the personal representative. In re Estate of Evarts, 166 P.3d 161 (Colo. App. 2007). No award of attorney fees to condominium association on appeal under this rule and § 38-33.3-123. Section 38-33-123 (1)(c) pro- vides for recovery of attorney fees only in ac- tions to ‘‘enforce or defend the provision of this article or of the declaration, bylaws, articles, or rules and regulations’’. Condominium associa- tion defended against purchasers’ breach of contract action and sought declaratory action that contract was void. Neither purchasers’ claims nor associations’ counterclaims were to enforce or defend the article; thus, the statute does not apply. Platt v. Aspenwood Condo. Ass’n, 214 P.3d 1060 (Colo. App. 2009). Contract provision concerning attorney fees should be considered on remand where it was not part of the record on appeal. Adams v. Land Servs., Inc., 194 P.3d 429 (Colo. App. 2008). Appellate attorney fees are only awardable where requesting party states a legal basis for recovery. In re Wells, 252 P.3d 1212 (Colo. App. 2011). Request for attorney fees on appeal under this rule properly denied. Respondent acted in good faith in attempting to find a means of enforcing her undisputed fee award. Accord- ingly, her appeal was not wholly frivolous and groundless. McGihon v. Cave, 2016 COA 78, 410 P.3d 647.