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W.O. BRISBEN COMPANIES, INC. v. KRYSTKOWIAK

No. 00CA2007.

66 P.3d 133 (2002)

W.O. BRISBEN COMPANIES, INC., Plaintiff-Appellee and Cross-Appellant, v. Eric KRYSTKOWIAK, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. III.

Certiorari Granted April 14, 2003.

Attorney(s) appearing for the Case

Deutsch, Spillane, Reutzel & Foster, P.C., John M. Spillane, Denver; Hall & Evans, L.L.C., Alan Epstein, Denver, for Plaintiff-Appellee and Cross-Appellant.

Anderson, Dude & Lebel, P.C., Lawrence A. Hecox, Lenard Rioth, Colorado Springs, for Defendant-Appellant and Cross-Appellee.

Kelly, Haglund, Garnsey & Kahn, L.L.C., Lori Potter, Denver, for Amicus Curiae SLAPP Resource Center.

Opinion by Judge DAILEY.

In this tort action for intentional interference with a contract, defendant, Eric Krystkowiak, appeals from a judgment granting his motion to dismiss, but denying his request for attorney fees and costs. Plaintiff, W.O. Brisben Companies, Inc. (Brisben), cross-appeals the judgment dismissing the action. We affirm in part, reverse in part, and remand.

Brisben proposed to build an apartment complex...

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