Klun v. Klun

Citations

• 2019 CO 46
• 442 P.3d 88

Syllabus

The Supreme Court was asked to decide whether defendant is entitled to recover his attorney fees pursuant to a fee-shifting provision of a prior settlement agreement between him and plaintiffs. The fee-shifting clause at issue provided that the prevailing party in an action to enforce, by any means, any of the terms of the settlement agreement shall be awarded all costs of the action, including reasonable attorney fees. Here, plaintiffs' claims, in substance, sought relief based on allegations that defendant had breached the terms of the settlement agreement, and defendant responded by arguing that it was plaintiffs' claims that were inconsistent with that agreement. In these circumstances, the Court concluded that plaintiffs' claims constituted an effort to enforce the terms of the settlement agreement. Indeed, consistent with this conclusion, plaintiffs themselves had asserted a claim for fees pursuant to the fee-shifting clause at issue. Accordingly, the Court held that defendant, as the prevailing party on all claims, is entitled to recover his attorney fees pursuant to the settlement agreement's fee-shifting clause. The Court therefore reversed the water court's order denying an award of such fees and remanded the case for a determination of the trial and appellate fees to be awarded to defendant.