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COMMERCIAL CLAIMS LTD. v. FIRST NATIONAL BANK OF GLENWOOD SPRINGS

No. 82CA0251.

649 P.2d 736 (1982)

COMMERCIAL CLAIMS, LTD., Plaintiff-Appellant, v. FIRST NATIONAL BANK OF GLENWOOD SPRINGS, Garnishee-Appellee, and Ram Construction, Inc., a Colorado corporation, Defendant.

Colorado Court of Appeals, Div. III.

July 15, 1982.

Attorney(s) appearing for the Case

Sobol & Sobol, P. C., Harry Sobol, Denver, for plaintiff-appellant.

Delaney & Balcomb, P. C., John A. Thulson, Glenwood Springs, for garnishee-appellee.

KELLY, Judge.

Plaintiff, Commercial Claims, Ltd., obtained a judgment against defendant, Ram Construction, Inc., and sought to garnish funds held by garnishee, First National Bank of Glenwood Springs. Plaintiff appeals the trial court's order awarding garnishee attorneys' fees for a frivolous claim. We reverse.

Section 13-17-101, C.R.S.1973 (1981 Cum.Supp.) provides for attorneys' fees under certain circumstances "in any suit involving money damages ...."...

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