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IN INTEREST OF DELLUOMO v. CEDARBLADE

Court of Appeals No. 12CA2513.

328 P.3d 291 (2014)

2014 COA 43

IN the INTEREST OF Phillip DELLUOMO, Protected Person, Respondent-Appellee, and Janice Eder, Conservator for Phillip Delluomo, Appellee, v. Brenda CEDARBLADE, Appellant.

Colorado Court of Appeals, Div. VII.

Announced April 10, 2014.

Attorney(s) appearing for the Case

Cucullu & Associates, Michael D. Cucullu , Colorado Springs, Colorado, for Respondent-Appellee.

Wade Ash Woods Hill & Farley, P.C., Herbert E. Tucker IV , Gregory B. Washington , Denver, Colorado, for Appellee.

Law Office of Edward T. Farry, Jr., Edward T. Farry, Jr. , Colorado Springs, Colorado, for Appellant.

Opinion by JUDGE J. JONES.

¶ 1 Defendant, Brenda Cedarblade, appeals the district court's judgment entered on a jury verdict awarding attorney fees to plaintiffs, Phillip Delluomo and his conservator, Janice Eder, based on Ms. Cedarblade's breach of fiduciary duty. Because we conclude that the circumstances of the case do not fit within any recognized exception to the "American rule" — requiring parties to pay their own legal expenses — we vacate...

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