From Casetext: Smarter Legal Research

Commercial Claims v. First Nat. Bank

Colorado Court of Appeals. Division III
Jul 15, 1982
649 P.2d 736 (Colo. App. 1982)

Opinion

No. 82CA0251

Decided July 15, 1982.

Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge.

Sobol Sobol, P.C., Harry Sobol, plaintiff-appellant.

Delaney Balcomb, P.C., John A. Thulson, for garnishee-appellee.


Plaintiff, Commercial Claims, Ltd., obtained a judgment against defendant, Ram Construction, Inc., and sought to garnish funds held by garnishee, First National Bank of Glenwood Springs. Plaintiff appeals the trial court's order awarding garnishee attorneys' fees for a frivolous claim. We reverse.

Section 13-17-101, C.R.S. 1973 (1981 Cum. Supp.), provides for attorneys' fees under certain circumstances "in any suit involving money damages . . . ." A garnishment is not such an action. It "is but an ancillary proceeding . . . in aid of execution issued pursuant to an existing judgment, thus limiting any judgment proper to be entered against the garnishees to the extent of the unpaid balance of the judgment upon which execution issued." Wright v. Nelson, 125 Colo. 217, 242 P.2d 243 (1952). While attorneys' fees for the garnishee could be permitted by statute, see, e.g., N.M. Stat. Ann. § 35-12-16(B) (1978), cited in Bank of New Mexico v. Priestley, 95 N.M. 569, 624 P.2d 511 (1981), there is no such provision in any Colorado statute or rule. See C.R.C.P. 103(y).

The judgment is reversed.

JUDGE PIERCE and JUDGE KIRSHBAUM concur.


Summaries of

Commercial Claims v. First Nat. Bank

Colorado Court of Appeals. Division III
Jul 15, 1982
649 P.2d 736 (Colo. App. 1982)
Case details for

Commercial Claims v. First Nat. Bank

Case Details

Full title:Commercial Claims, Ltd., Plaintiff-Appellant, v. First National Bank of…

Court:Colorado Court of Appeals. Division III

Date published: Jul 15, 1982

Citations

649 P.2d 736 (Colo. App. 1982)

Citing Cases

Thompson v. United Sec. All., Inc.

A garnishment proceeding, however, is not a "suit involving money damages"; rather it is an ancillary…

L & R Exploration Venture v. CCG, LLC

See also C.R.C.P. 103(1), C.R.S. 1973 (providing for an award of “costs” to a judgment creditor upon a…