ORTEGA v. BD. CNTY. COMM’RS, 657 P.2d 989 (Colo.App. 1982)

Arthur Prax Ortega, Jr., Plaintiff-Appellant and Cross-Appellee, v. The Board of County Commissioners of the County of Costilla, Office of the County Treasurer, Cosme Sanchez, Jr., Individually and as Agent for the County of Costilla, Defendants-Appellees and Cross-Appellants.

No. 81CA1273Colorado Court of Appeals.
Decided September 16, 1982. Rehearing denied October 14, 1982. Certiorari Denied January 31, 1983.

Appeal from the District Court of Costilla County, Honorable John Kuenhold, Judge.

Normando R. Pacheco, for plaintiff-appellant and cross-appellee.

Robert L. Pastore, County Attorney, Deisch and Marion, P.C., Brad W. Breslau, for defendants-appellees and cross-appellants.

Division III.

Opinion by JUDGE KELLY.

[1] This case is at issue by the filing of briefs, the oral arguments have been waived, and the case has been submitted to this Division for decision. Upon examination of the record herein, it appears that the trial court did not rule on the issue raised by the cross-appellants, namely, their entitlement to attorneys’ fees under the provisions of §13-17-101(3), C.R.S. 1973. Accordingly, there is no final judgment subject to review. See C.R.C.P. 54(b); C.A.R. 1; see also Ball Corp. v. Loran, 42 Colo. App. 501, 596 P.2d 412 (1979).

[2] Appeal dismissed.

[3] JUDGE SMITH and JUDGE KIRSHBAUM concur.