Fasing V. Lafond

In this dispute arising from a failed contingent fee agreement, defendant, Richard C. LaFond, appeals from a judgment of the trial court dismissing, pursuant to C.R.C.P 12(b)(5), his counterclaims for recovery of contingent fees based on a theory of promissory estoppel, and for damages for intentional interference with contract, civil conspiracy, and fraudulent misrepresentation against plaintiffs, Suzanne A. Fasing, and her husband, Gregory J. Fasing (husband). Fasing cross-appeals from the entry of a judgment against her, after a bench trial, for attorney fees owed to defendant and from the dismissal of her claim against defendant for breach of fiduciary duty. Both parties challenge the trial court's denial of attorney fees and Fasing also claims error in regard to a denial of costs and the calculation of an award of prejudgment interest. We affirm in part, reverse in part, and remand with directions.