Walton v. Brooks
23CA1763
| Colo. Ct. App. | Sep 5, 2024Background
- Plaintiff Elizabeth C. Walton (daughter) brought a forcible entry and detainer (FED) action against defendant Cynthia Brooks (mother) over possession of property in Naturita, Colorado.
- The district court awarded possession of the property to Walton after Brooks failed to appear and present her adverse possession claim.
- Walton subsequently moved for an award of attorney fees and litigation costs, citing section 13-40-123, C.R.S. 2024.
- No rental agreement with a prevailing party attorney fees provision existed between Walton and Brooks.
- The district court awarded Walton both attorney fees ($10,318) and costs ($517.67).
- Brooks appealed the award of attorney fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to Attorney Fees under § 13-40-123 | Walton argued she could recover attorney fees as prevailing party per statute and Schuler v. Oldervik | Brooks argued Schuler does not apply and fees not warranted; statute does not allow fees without fee-shifting lease | Court reversed attorney fee award; statute precludes fees without such provision |
| Entitlement to Costs to Prevailing Party | Walton entitled to costs as prevailing party | Brooks likely objected to costs along with fees | Court affirmed district court’s cost award |
Key Cases Cited
- Schuler v. Oldervik, 143 P.3d 1197 (Colo. App. 2006) (held that attorney fees could be awarded in certain possession actions, but relied on pre-2008 statute; distinguishable under amended statute)