July 17, 2019

Colorado Supreme Court: Determination of Amount of Attorney Fee Award Within Trial Court’s Discretion

The Colorado Supreme Court issued its opinion in Planning Partners International, LLC v. QED, Inc. on Monday, July 1, 2013.

Contract Providing for Award of Reasonable Attorney Fees—Proportional Diminishment—Discretion Afforded to Trial Courts.

Petitioner challenged the court of appeals’ ruling that a trial court must apportion attorney fees in proportion to the amount recovered on a promissory note, less the amount recovered on the counterclaim. Petitioner argued that apportionment is not mandatory when determining reasonable attorney fees under a contract providing for such an award. The Supreme Court agreed, concluding that the determination of whether and how to apportion attorney fees is typically within the discretion of the trial court. Accordingly, the judgment was reversed.

Summary and full case available here.

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