Narrative Opinion Summary
The Colorado Court of Appeals case 657 P.2d 989 (1982) involves Arthur Prax Ortega, Jr. as the plaintiff-appellant against the Board of County Commissioners of Costilla County and Cosme Sanchez, Jr. as defendants-appellees. The appeal arose from a trial court decision which left unresolved the issue of the defendants’ entitlement to attorneys' fees under Colorado Revised Statutes § 13-17-101(3). The Court determined that since this issue remained unaddressed, there was no final judgment available for review, leading to the dismissal of the appeal based on the criteria set forth in Colorado Rules of Civil Procedure and Colorado Appellate Rules. Judges Smith and Kirshbaum concurred with the decision. Rehearings were denied on October 4, 1982, and certiorari was denied on January 31, 1983.
Legal Issues Addressed
Entitlement to Attorneys' Fees under Colorado Revised Statutes § 13-17-101(3)subscribe to see similar legal issues
Application: The unresolved issue concerning the defendants' entitlement to attorneys' fees prevented the trial court's decision from being considered a final judgment for the purpose of appeal.
Reasoning: The appeal arose from a trial court decision which left unresolved the issue of the defendants’ entitlement to attorneys' fees under Colorado Revised Statutes § 13-17-101(3).
Finality of Judgment for Appealsubscribe to see similar legal issues
Application: The court dismissed the appeal due to the lack of a final judgment, as the trial court did not resolve the issue of defendants' entitlement to attorneys' fees.
Reasoning: The Court determined that since this issue remained unaddressed, there was no final judgment available for review, leading to the dismissal of the appeal based on the criteria set forth in Colorado Rules of Civil Procedure and Colorado Appellate Rules.