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MATTER OF STEPANEK

No. 94CA1691.

924 P.2d 1142 (1996)

In re the Matter of Bernard Louis STEPANEK, an incapacitated person, and Concerning, Louis Stepanek and Marie Stepanek, as guardians, Appellants, and Delta County and Delta County Department of Social Services, Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing April 11, 1996.

Certiorari Granted October 15, 1996.

Attorney(s) appearing for the Case

Mathis & Masters, L.L.C., Stephen M. Mathis, Geoffrey R. Nims, Montrose, for Appellants.

Younge & Hockensmith, P.C., Earl G. Rhodes, Grand Junction, for Appellees.

Opinion by Judge PLANK.

Louis and Marie Stepanek, parents and guardians of the incapacitated person, Bernard Stepanek, appeal from the trial court's order granting to them 1/3 of the attorney fees they had requested from the appellees, Delta County Department of Social Services (DCDSS), and from the court's finding that the county attorney is absolutely immune from any liability for his conduct in this case. We affirm.

The incapacitated person, a 41-year old...

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