LHM Corp. v. Martinez.
2021 CO 78. No. 20SC429. Attorney Fees—Final Judgments—Timeliness of Appeals.
December 13, 2021
The Supreme Court considered whether a judgment is final for purposes of appeal when the district court has determined that a plaintiff who prevails on a claim under the Colorado Consumer Protection Act, CRS §§ 6-1-101 to -1214, is entitled to an attorney fees award but the court has not yet determined the amount of those fees. The Court reaffirmed the bright-line rule adopted in Baldwin v. Bright Mortgage Co., 757 P.2d 1072 (Colo. 1988), and held that a judgment on the merits is final for purposes of appeal notwithstanding an unresolved issue of attorney fees. In so doing, the Court overruled Ferrell v. Glenwood Brokers, Ltd., 848 P.2d 936 (Colo. 1993), and the cases that followed it to the extent those cases deviated from Baldwin’s bright-line rule.
Applying the Baldwin rule here, the Court affirmed the Court of Appeals’ judgment dismissing defendant’s appeal in part as untimely, albeit under different reasoning.