RUFFING v. LINCICOME

No. 85CA0442.

737 P.2d 440 (1987)

William S. RUFFING and Betty H. Ruffing, Plaintiffs-Appellees, v. Sydney Kent LINCICOME, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 23, 1987.


Attorney(s) appearing for the Case

Towey & Zak, James J. Zak, Denver, for plaintiffs-appellees.

Schenk, Kerst & deWinter, William J. deWinter, Glenwood Springs, for defendant-appellant.


SMITH, Judge.

Defendant, Sydney Lincicome, appeals the order of the trial court awarding him only $5,500 in attorney fees instead of the $11,704.50 he actually incurred in defense of plaintiffs' claims. We affirm.

Plaintiffs' claims against Lincicome were based on negligence, breach of contract, and third-party beneficiary theories. The case proceeded to trial and after the presentation of plaintiffs' evidence, the court directed a verdict in favor of Lincicome...

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