Baldwin v. Bright Mortgage Co
In Baldwin v. Bright Mortgage Co., 757 P.2d 1072 (Colo. 1988), the Court addressed the issue whether a judgment resolving the dispute between the parties is final for purposes of appeal even though an issue concerning attorney fees for assertion of a frivolous claim had not yet been resolved.
The court held that the trial court decision on the merits of a controversy is a final decision for purposes of appeal even though there is an unresolved issue concerning attorney fees.
The court stated:
We believe that a bright line rule that a decision on the merits is a final judgment for appeal purposes despite any outstanding issue of attorney fees is necessary and appropriate. Such a rule will permit litigants to comply with the relevant appellate rules without a case-by-case analysis of the relationship of attorney fees to the relief sought and will avoid uncertainty. Baldwin v. Bright Mortgage Co., supra, 757 P.2d at 1074.