New Standard for Review of Attorneys' Fees Requests in Colorado
March 25, 2015
In Munoz v. Measner, 09SC421, (February 28, 2011) the Colorado Supreme Court reversed the decision of the Colorado Court of Appeals concerning the type of findings required by Colorado trial courts when denying a request for attorneys’ fees. In this quiet title action, the Munozes’ lawyer withdrew shortly before the trial and their damages cases was dismissed. The Measners sought attorneys fees. Upon hiring Jonathan Willett to defend the attorney fees request in Weld County, Colorado District Court in Greeley, the Measners’ attorneys’ fees request was denied. However, when the matter was appealed to the Colorado Court of Appeals, the Court of Appeals remanded the case back for more specific findings. Measner v. Munoz, 214 P.3d 510 (Colo. App. 2009). The Colorado Supreme Court, however, agreed to hear Attorney Willett’s request to review the Court of Appeals’ decision. The Supreme Court reversed the Court of Appeals, agreeing with the Munozes’ analysis as argued by Jonathan Willett, establishing a new standard for all Colorado Courts to apply when deciding to deny a request for attorneys fees. Munoz v. Measner, 09SC421 (Colo. February 28, 2011). Mr. Willett is available for appellate litigation of all types and still handles personal injury and accident litigation through all Colorado front -range area counties, including Adams County, the City and County of Denver, Boulder County, Jefferson County, Arapahoe County, Douglas County, Clear Creek County, and Summit County.