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BROCK v. WEIDNER

No. 02CA2519.

93 P.3d 576 (2004)

John R. BROCK, Jr., and Ann W. Brock, Plaintiffs-Appellees, v. John E. WEIDNER and Peggy S. Weidner, Defendants-Appellants, and Discovery Homeowners Association and Architectural Control Committee, Defendants-Appellees.

Colorado Court of Appeals, Div. A.

Rehearing Denied May 13, 2004.

Attorney(s) appearing for the Case

Mulliken, Gleason, Weiner, Whitney & Jolivet, P.C., Steven K. Mulliken, Gregory M. O'Boyle, Colorado Springs, Colorado, for Plaintiffs-Appellees.

Daniel Stageman, P.C., Daniel B. Stageman, Colorado Springs, Colorado, for Defendants-Appellants.

Susemihl, McDermott & Cowan, P.C., C. David McDermott, Colorado Springs, Colorado, for Defendants-Appellees.

Opinion by Chief Judge DAVIDSON.

Defendants, John E. Weidner and Peggy S. Weidner, appeal from the judgment dismissing an action filed against them by plaintiffs, John R. Brock, Jr., and Ann W. Brock. Specifically, defendants appeal the portion of the judgment declining to award them costs and attorney fees under a contractual fee-shifting provision. We reverse that portion of the judgment and remand.

Plaintiffs filed a complaint seeking injunctive and declaratory...

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