23CA1721 & 23CA1722 Egbune v Always Enterprises 05-29-2025
COLORADO COURT OF APPEALS
Court of Appeals Nos. 23CA1721 & 23CA1722 Douglas County District Court No. 17CV31060 Honorable Andrew C. Baum, Judge
Chuck Odifu Egbune,
Plaintiff-Appellant and Cross-Appellee,
and
Felicia A. Aniniba,
Defendant-Appellant,
v.
Always Enterprises, Inc., d/b/a A-1 Bail Bonds, and Richard Jordan,
Defendants-Appellees and Cross-Appellants,
Monique Robinson Hines; Iyona Walton; Kari Jones; Aaron Evans; Evans Case, LLP; and Benson & Case, LLP,
Third-Party Defendants-Appellees,
Breckenridge Property Fund 2016, LLC,
Third-Party Plaintiff-Appellee.
JUDGMENTS AFFIRMED
Division V Opinion by JUDGE GROVE Fox and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced May 29, 2025
Chuck Odifu Egbune, Pro Se
Felicia A. Aniniba, Pro Se
Law Office of Larry A. Henning, Larry A. Henning, Denver, Colorado, for Defendants-Appellees and Cross-Appellants
McElroy, Deutsch, Mulvaney & Carpenter, LLP, June Baker Laird, Greenwood Village, Colorado, for Third-Party Defendants-Appellees
Coan, Payton & Payne, LLC, Matthew Chudacoff, Fort Collins, Colorado, for Third-Party Plaintiff-Appellee ¶1 Plaintiffs, Chuck Odifu Egbune and Felicia Aniniba, appeal the
district court’s judgments following two bench trials that resulted in
the unwinding of the foreclosure of Egbune’s home and the entry of
money judgments in favor of third-party plaintiff, Breckenridge
Property Fund 2016, LLC (Breckenridge); defendants, Always-
Enterprises, Inc. (A-1), and Richard Jordan; and several other third-
party creditors.1 A-1 cross-appeals the district court’s judgment
following the second bench trial that, among other things, awarded
damages to Egbune based on the foreclosure’s unwinding and also
reordered the priority of the liens on Egbune’s home. We affirm.
I. Lack of Compliance with the Colorado Appellate Rules
¶2 Breckenridge has requested that we dismiss Egbune’s appeal
based on his noncompliance with the Colorado Appellate Rules. We
decline to do so but note that our review of Egbune’s and Aniniba’s
appeals, as well as A-1’s cross-appeal, is encumbered by those
parties’ failure to comply with, among other things, C.A.R. 10 and
C.A.R. 28.
1 The third-party creditors are Evans Case, LLP; Iyona Walton;
Monique Robinson Hines; Kari Jones; Aaron Evans; and Benson & Case, LLP.
1 A. Egbune’s and Aniniba’s Appeals
¶3 Despite the fact that the appeals follow two separate bench
trials, the record before us does not include transcripts of either
proceeding. It is an appellant’s responsibility to “include in the
record transcripts of all proceedings necessary for considering and
deciding the issues on appeal.” C.A.R. 10(d)(3). The failure to
include transcripts is generally fatal because, in the absence of a
complete record, we must presume that the missing portions of the
record support the district court’s findings and conclusions. In re
Marriage of Dean, 2017 COA 51, ¶ 13 (“Where the appellant fails to
provide . . . a transcript, the [appellate] court must presume that
the record supports the judgment.”); McCall v. Meyers, 94 P.3d
1271, 1272 (Colo. App. 2004) (“A party cannot overcome a
deficiency in the record by statements in the briefs.”).
¶4 Nor is the lack of transcripts our only obstacle to substantive
review of the appeals. Among other things, the briefs filed by
Egbune and Aniniba fail in large part to comply with C.A.R. 28.
Egbune’s opening brief, for example, lists twenty-three separate
issues, and, although the argument section for each issue
ostensibly addresses the standard of review and preservation as
2 required by C.A.R. 28(a)(7), many of the citations are inaccurate or
incomplete, and several of the arguments are so poorly developed
that we can do little more than guess at their substance. See
Antolovich v. Brown Grp. Retail, Inc., 183 P.3d 582, 604 (Colo. App.
2007) (appellate courts do not address undeveloped arguments).
And while Aniniba’s opening brief raises far fewer issues, it also
repeatedly fails to identify whether particular issues were preserved
and, if so, “the precise location in the record where the issue was
raised and where the court ruled.” C.A.R. 28(a)(7)(A). Simply listing
page numbers corresponding to the beginning of motions and
orders, which often span dozens of pages and address multiple
overlapping issues, is insufficient to comply with this rule. See
Castillo v. Koppes-Conway, 148 P.3d 289, 291 (Colo. App. 2006)
(“Our Court will not search through briefs to discover what errors
are relied on, and then search through the record for supporting
evidence. It is the task of counsel to inform us, as required by our
rules, both as to the specific errors relied on and the grounds and
supporting facts and authorities therefor.” (quoting Mauldin v.
Lowery, 255 P.2d 976, 977 (Colo. 1953))).
3 B. A-1’s Cross-Appeal
¶5 Our primary obstacle to substantive review of A-1’s cross-
appeal is the lack of transcripts. A-1 seeks review of the trial
court’s judgment that followed the second of two bench trials, as
well as the court’s denial of A-1’s C.R.C.P. 59 motion, filed after the
court issued its judgment awarding damages against A-1 in favor of
Egbune and against Egbune and Aniniba in favor of Breckenridge
and exercised its equitable powers to grant Breckenridge priority
position on its judgment lien against Egbune’s property. Without a
transcript of the bench trial, we cannot assess preservation and, in
any event, must assume that the record supports the court’s ruling.
See Dean, ¶ 13.
II. Factual and Procedural History
¶6 The relevant facts in this case stretch back to October 2009,
when Egbune guaranteed an estimated $350,000 appearance bond
for Velma Gilbert in a criminal case. Egbune and others signed a
promissory note with A-1, a bail bonding company, to guarantee the
$35,000 bail bond premium. The promissory note was secured by a
deed of trust on Egbune’s home in Highlands Ranch.
4 ¶7 By January 2010, payments on the bail bond premium were in
default. A-1 sent multiple letters seeking payment from Egbune
and the other guarantors. Meanwhile, in 2011, Egbune filed for
bankruptcy in Colorado. Procedural complications multiplied from
there, but, as relevant to this appeal, the following events occurred
over the next several years.
• An automatic stay, which is a usual occurrence in
bankruptcy proceedings, was issued on the
commencement or continuation of any judicial action
involving claims against Egbune that arose before 2011.
The stay terminated in October 2015.
• In November 2015, A-1 commenced foreclosure on
Egbune’s property. However, Egbune claimed the
automatic stay from his bankruptcy proceedings
remained in effect. This delayed the foreclosure process.
• In 2016, Egbune sued A-1 in bankruptcy court alleging
claims that, if true, would prevent foreclosure on his
home. The court dismissed these claims.
• In 2017, Egbune filed suit in Douglas County, alleging,
among other claims, that fraud prevented A-1 from
5 foreclosing on his home. He also argued that A-1 did not
provide him with proper notice and an opportunity to
cure his debt, as required by Colorado statute. This
appeal stems from Egbune’s 2017 lawsuit.
• In 2018, the sale of Egbune’s property as security for his
debt to A-1 was authorized after a C.R.C.P. 120 hearing.
• In April 2018, a public trustee sold Egbune’s home to
Breckenridge for $195,000. A-1 received $165,216.46
from the sale, which reflected Egbune’s outstanding debt,
interest, and attorney fees.2
• Egbune refused to forfeit possession of the property, so
Breckenridge filed a forcible entry and detainer action
against him. The county court granted Breckenridge
possession, finding that there did not appear to be any
legal dispute about who owned the property. However, it
agreed to stay its judgment for possession pending
Euguene’s appeal as long as Egbune posted a monthly
bond equal to the property’s fair market rental value.
2 Egbune initially refused to accept the overbid amount of
$29,483.54 but later claimed it in 2020.
6 • Breckenridge paid the property’s mortgage payments,
property taxes, and homeowners association fees.
• In October 2020, as part of the lawsuit underlying this
appeal, the district court granted summary judgment on
Egbune’s claim that A-1 had not provided Egbune with
the right to cure the debt he owed before it foreclosed on
his home.
• The court then voided the foreclosure sale and granted
Breckenridge’s motion to intervene in the matter as a
third-party plaintiff.
• After intervening and discovering a deed of trust recorded
on July 23, 2021, which purported to transfer Egbune’s
property to Aniniba (Egbune’s sister), Breckenridge joined
Aniniba as a party. The deed, dated November 10, 2016,
reflected a purchase price of $450,000.
• Breckenridge also joined other creditors related to
Egbune’s bankruptcy judgment as third-party defendants
because Breckenridge’s claim on the property would
impact the priority of the creditors’ liens.
7 ¶8 Breckenridge then filed a third-party complaint in this lawsuit
that requested that district court employ equitable remedies to
restore it to the position it occupied before buying the property and,
based on Egbune’s purported sale of the property to Aniniba,
alleged that Egbune and Aniniba had violated the Colorado Uniform
Fraudulent Transfer Act (CUFTA).
¶9 As a result, in December 2022, the district court entered an
order unwinding the sale of the property. It reinstated Egbune’s
“ownership” of the property (although Breckenridge maintained the
“title as trustee of a constructive trust”), as well as his opportunity
to cure the debt owed to A-1. The court ordered A-1 and Egbune to
reimburse Breckenridge for the money received from the foreclosure
sale and ordered Egbune to repay Breckenridge for its contributions
toward the property’s mortgage, property taxes, and homeowners
association fees.3
¶ 10 In June 2023, the district court held a two-day bench trial on
Breckenridge’s CUFTA claim. In a detailed written order, the court
found Aniniba’s deed of trust was fraudulent, voided it, awarded
3 The court found this figure amounted to $262,932.81 plus
interest.
8 damages to Breckenridge as a penalty under CUFTA, and gave
those penalty damages the same priority position as Breckenridge’s
award for the payments that it was owed based on the foreclosure’s
unwinding.
¶ 11 Finally, in August 2023, after another bench trial, the court
ruled on the remaining claims in the case. Based on A-1’s failure to
provide Egbune with the statutory notice to cure, it found A-1 liable
for breach of contract and breach of the implied covenant of good
faith and fair dealing and awarded damages to Egbune.
¶ 12 Now, Egbune and Aniniba, appealing separately, challenge the
district court’s orders and judgments in various ways, all of which
essentially amount to claims that Breckenridge and A-1 do not own
Egbune’s property and assert that the amount the court ordered
Egbune to pay Breckenridge, A-1, and other creditors is incorrect.
A-1 cross-appeals, arguing that the district court erred when it
found A-1 liable for breach of contract and breach of the implied
covenant of good faith and fair dealing and when it exercised its
equitable authority to reorder the priority date for the CUFTA
judgment lien.
9 ¶ 13 To the extent that we are able — based on the record before
us — we address the parties’ contentions below.
III. Aniniba’s Appeal
¶ 14 We begin with Aniniba’s brief, which challenges the district
court’s ruling on the CUFTA claim. As best we can tell, Aniniba
argues that (1) Breckenridge’s CUFTA claims were time barred;
(2) Breckenridge did not have standing to assert a fraudulent
transfer because it was not a bona fide purchaser of the property;
(3) the district court’s finding that the transfer was fraudulent was
unsupported by the evidence at trial; and (4) the court violated
Aniniba’s and Egbune’s due process rights throughout the CUFTA
proceedings.
¶ 15 The only one of these contentions that we are able to address
on the merits is the first — that the statute of limitations barred
Breckenridge from asserting claims under CUFTA. Aniniba raised
the issue in a pretrial motion to strike certain of Breckenridge’s
claims, and the district court rejected it (based on the undisputed
facts) in a written order before the CUFTA trial. Relying on the
undisputed recordation date for the deed of trust that Aniniba
acquired on Egbune’s property, the court concluded that because
10 the deed of trust “was not filed and recorded until July 23, 2021,
that was the date Breckenridge could have reasonably discovered
the transfer.” And because Breckenridge asserted its CUFTA claim
within one year of that date, it satisfied the one-year statute of
limitations in section 38-8-110(1)(a), C.R.S. 2024.
¶ 16 We agree with the court’s ruling. Under Colorado’s “race-
notice” system of property recording, it is the act of “[r]ecording a
lien in accordance with statutory requirements [that] creates
constructive notice.” Joondeph v. Hicks, 235 P.3d 303, 306 (Colo.
2010). Because Breckenridge did not have notice of the transaction
in question, whether constructive or actual, until July 23, 2021, the
purported transfer could not have been reasonably discovered
before that date. The district court therefore correctly determined
that Breckenridge’s CUFTA claim was not time barred because it
was filed within a year of the date that deed of trust was recorded.
¶ 17 Turning to Aniniba’s remaining contentions, we conclude that
we are unable to address them on the merits. In her briefing,
Aniniba either provides nearly no record citations or, when she does
cite something, refers to entire documents to support her various
arguments and subarguments. See Valentine v. Mountain States
11 Mut. Cas. Co., 252 P.3d 1182, 1186 (Colo. App. 2011) (“When a
party does not point us to where an issue was raised and resolved,
he ‘place[s] the burden of searching records on us’ — a search we
are not required to undertake.”) (citation omitted); Castillo, 148 P.3d
at 291.
¶ 18 Furthermore, even if we were to conclude that Aniniba’s
briefing was otherwise adequate, the lack of a transcript of the
CUFTA trial forecloses any substantive review. The district court
rejected Aniniba’s “bona fide purchaser” argument based in part on
a factual finding that, “[a]t the time the Aniniba Deed of Trust was
recorded, Breckenridge had purchased the property in good faith at
the foreclosure sale” two years earlier. Aniniba’s evidentiary
challenge and due process argument likewise require an in-depth
review of the trial proceedings themselves. Without a transcript,
that review is impossible, and we must assume that the court’s
findings of fact and conclusions of law are supported by the
evidence. See Dean, ¶ 13.
IV. Egbune’s Appeal
¶ 19 We take the same approach to the twenty-three claims raised
in Egbune’s opening brief: We address those that are preserved,
12 adequately developed and argued, and not dependent on omitted
trial transcripts and decline to consider the others.
A. Unpreserved Arguments
¶ 20 We decline to address several of Egbune’s arguments because
he fails to establish preservation as required by C.A.R. 28(a)(7)(A).
Although each issue in Egbune’s opening brief lists one or more
pages of the court file under a “preservation” heading, many of the
citations have no apparent connection to the issue being argued or
merely reference complete motions or orders — some of which raise
or resolve as many as a dozen or more issues — without specifying
“the precise location in the record where the issue was raised and
where the court ruled.” Id.; see Black v. Black, 2018 COA 7, ¶ 67
(“‘Judges are not like pigs, hunting for truffles buried in’ the parties’
submission.”) (alteration and citation omitted); O’Quinn v. Baca,
250 P.3d 629, 631 (Colo. App. 2010) (explaining that the purpose of
the relevant Rule 28 provision is to relieve courts from the burden
of having to search records to determine whether — and, if so,
how — issues had been raised and resolved below). For this reason
alone, we do not reach the merits of the following contentions that
the court erred when it
13 (1) “signed the Rule 120 order nunc pro tunc May 19, 2017
on March 14, 2018”;
(2) “held that the [Uniform Commercial Code] does not apply
to A-I [sic]”;
(3) reversed a prior denial of summary judgment;
(4) directed the clerk to sign the deed vesting title to the
property to Breckenridge; and
(5) granted Breckenridge lien priority on Egbune’s property
through subrogation.
B. Factual Arguments
¶ 21 Many of Egbune’s appellate contentions depend on the district
court’s factual findings following one or both bench trials. We
decline to address the following arguments because, in the absence
of any trial transcripts, we must assume that the record supports
the district court’s findings. See Dean, ¶ 13.
(6) The district court erroneously found that the bond
premium was not fully paid.
(7) A-1 should not have been awarded interest at a rate of
18% — the rate stipulated in the promissory note in the
event of a default — instead, a 0% interest rate, which
14 was the regular rate set forth in the promissory note,
should have been applied.
(8) The district court erroneously found that Egbune owed
“no less than $165,216.46 plus accrued interest” to A-1
and that “A-1’s deed of Trust” was to be “secured by
Egbune’s property.”
(9) Egbune was entitled to a homestead exemption valuation
of more than $75,000.
(10) There was no record support for the district court’s
finding that the “yellow and pink [bail bond] Receipts
Egbune signed were serial number 007630, and not a
separate serial numbered receipt.”
(11) Egbune was entitled to greater damages than the
$28,564.19 that the district court awarded.
(12) The district court erroneously found that Egbune’s
transfer of his property to Aniniba was fraudulent under
CUFTA.
(13) The district court erroneously granted Breckenridge a
constructive trust “because there is no evidence of fraud
or duress by Egbune.”
15 (14) The district court should have declined to grant equitable
relief to Breckenridge and A-1 based on the doctrines of
unclean hands and laches.
C. Undeveloped Arguments
¶ 22 Several of Egbune’s arguments are undeveloped, conclusory,
unsupported by legal authority, or otherwise too disjointed to be
reviewable. A party must inform the court as to both the specific
errors asserted and the grounds, supporting facts, and authorities
to support their contentions. Barnett v. Elite Props. of Am., Inc., 252
P.3d 14, 19 (Colo. App. 2010). We will not consider a bald legal
proposition presented without argument or development. Id.
Because they are inadequately argued, we decline to address the
following arguments.
16 (15) The district court erred when it found the “bond statute”
and its associated rules and regulations inapplicable to
the transaction between Egbune and A-1.4
(16) This court should “add Jordan to the judgment” because,
“[u]nder the Motion for Partial Summary Judgment filed
on April 14, 2020, Mr. Jordan is a party to the lawsuit.”
(17) “The trial court erred when it denied Egbune’s motion for
summary judgment based on fraud.”5
4 Egbune does not identify the “bond statute” in question; instead,
he only generally cites (1) section 10-2-101, C.R.S. 2024 (the Colorado Producer Licensing Model Act); (2) section 12-7-101, C.R.S. 2009 (repealed 2012), which was in effect when the note was executed and provided definitions for the professional occupations code for bail bonding agents but was subsequently repealed and relocated, see Ch. 280, sec. 41, § 12-7-101, 2012 Colo. Sess. Laws 1509-10; (3) section 12-7-108(3), C.R.S. 2009 (repealed 2012), which has likewise been repealed, see Sec. 40, 2012 Colo. Sess. Laws at 1509; and (4) a 2009 administrative regulation that set out filing and reporting requirements for cash bail bondsmen. Beyond offering an undeveloped assertion that A-1 “knowingly violated this authority,” Egbune fails to present any argument as to why these provisions apply to A-1 or how A-1 violated them. 5 In addition, “the propriety of a summary judgment denial is not
appealable after a trial on the merits regardless of whether the denial is premised on a point of law or material issues of fact in controversy.” Feiger, Collison & Killmer v. Jones, 926 P.2d 1244, 1250 (Colo. 1996).
17 D. Remaining Claims
¶ 23 We address Egbune’s remaining contentions on the merits to
the extent that we are able to do so.
1. Unwinding
¶ 24 Egbune argues the district court mistakenly applied section
38-38-109(2)(d), C.R.S. 2024, to unwind the foreclosure on
Egbune’s home. While his deficient record citations and jumbled
argument hamper our review, we are able to discern that Egbune
believes the court erred by “unwinding” the foreclosure sale because
that sale was “void ab initio” and that the court’s unwinding remedy
therefore exceeded its statutory authority.
¶ 25 As Breckenridge points out, however, the district court’s
unwinding order was an equitable remedy, not a statutory one, and
was modeled after the “procedures and deadlines in [section] 38-38-
109(2)(d)” because, under the circumstances, those provisions
“provide[d] the best and most equitable way to resolve the voidance
of the foreclosure.” Consistent with the relief that Breckenridge
sought in its complaint — that all parties to the sale should be
returned to their preforeclosure positions — we cannot conclude
18 that the court’s well-reasoned decision to grant that relief was an
abuse of discretion.
2. Statute of Limitations
¶ 26 Egbune argues that the statute of limitations “ran on A-1’s
claim on the note,” apparently because the foreclosure was not
completed within six years of Egbune’s last payment. We disagree.
As the district court found, A-1 filed its counterclaim against
Egbune within six years of Egbune’s last payment. A-1’s
counterclaim is thus not barred by the statute of limitations in
section 13-80-103.5(1)(a), C.R.S. 2024. See Hickerson v. Vessels,
2014 CO 2, ¶ 19 (“[When] a debtor voluntarily makes a payment,
the payment constitutes a promise to pay the remaining debt and
operates to restart the statute of limitations period.”).
3. Attorney Fees
¶ 27 Egbune contends that the district court should have awarded
him attorney fees. We disagree.
¶ 28 In its June 21, 2023, order, issued after the first bench trial,
the district court found that Egbune was “the prevailing party and
is entitled to attorney fees” against A-1 based on A-1’s failure to
provide Egbune with an opportunity to cure. A-1 later filed a
19 C.R.C.P. 59 motion pointing out that neither the note nor the deed
of trust contained a fee-shifting provision that entitled Egbune to an
award of fees in the event that he prevailed.
¶ 29 The court agreed, explaining that it had mistakenly cited
C.R.C.P. 54(d), which is limited to costs, and that in the absence of
a fee-shifting provision in the underlying contract, the only way that
it could award fees to Egbune would be under section 13-17-102,
C.R.S. 2024. The court found that a fees award under that
provision would be inappropriate because A-1’s claims did not lack
substantial justification. The court therefore vacated its award of
attorney fees but confirmed that Egbune was entitled to costs under
C.R.C.P. 54(d).
¶ 30 Egbune then filed his own C.R.C.P. 59 motion, pointing out
the fee-shifting provision in the deed of trust. Although that
provision only worked in favor of the foreclosing party, he argued
that the deed of trust should be reformed to permit an award of fees
to him as well.
¶ 31 The court correctly denied Egbune’s motion on the ground
that he had never presented this argument, or any evidence
supporting this argument, at trial. As the court explained, C.R.C.P.
20 59 may not be used to raise new issues that were not presented at
trial. See Flagstaff Enters. Constr., Inc. v. Snow, 908 P.2d 1183,
1185 (Colo. App. 1995); see also In re Marriage of Lohman, 2015
COA 134, ¶ 22.
4. Intervention
¶ 32 Egbune next claims the court improperly allowed Breckenridge
to intervene in the case. We disagree. As the purchaser at the
foreclosure sale, Breckenridge had an interest in the subject matter
of the action that would be impaired if it was required to pursue
disgorgement of the proceeds of that sale in a separate action, and
A-1 could not adequately represent Breckenridge’s interest as the
litigation moved forward. Accordingly, intervention under C.R.C.P.
24(a)(2) was appropriate.6
5. Motion to Amend
¶ 33 Egbune contends the court erred when it denied his motion to
amend his complaint a second time.7 A court has discretion
6 To the extent that Egbune asserts that Breckenridge’s intervention
was untimely, that argument is conclusory, and we decline to consider it further. See Barnett v. Elite Props. of Am., Inc., 252 P.3d 14, 19 (Colo. App. 2010). 7 Egbune also claims the district court denied his first motion to
amend, but the record shows it was granted.
21 whether to grant a party leave to amend the complaint a second
time. See Riccatone v. Colo. Choice Health Plans, 2013 COA 133,
¶¶ 47-48. The district court did not abuse that discretion here
because, as it explained, Egbune’s motion was made in bad faith
and was futile. Pointing to Egbune’s various other cases involving
A-1, Breckenridge, and other creditors, the court explained that the
timing of Egbune’s second motion to amend, in combination with
other motions pending before the district court, had the effect of
“buy[ing] him more time” regarding the sale and transfer of his
property. Additionally, it found Egbune’s motion “lacked sufficient
legal and factual basis” because it restated the same facts as the
original complaint in different terms. We see no reason to disturb
the district court’s finding on this issue.
V. A-1’s Cross-Appeal
¶ 34 In its cross-appeal, A-1 challenges several of the district
court’s rulings following the bench trial on Egbune’s claims for
breach of contract and the implied duty of good faith and fair
dealing. As we noted above, however, A-1 failed to include a
transcript of the bench trial in the record on appeal. See C.A.R.
10(d)(3) (“The appellant must include in the record transcripts of all
22 proceedings necessary for considering and deciding the issues on
appeal.”); see also C.A.R. 10(a)-(b) (on appeal, the appellant must
provide a complete record on the issue); Wolven v. Velez, 2024 COA
8, ¶ 53 n.6 (the party asserting an error has an obligation to
present a record that discloses the asserted error).
¶ 35 All of A-1’s arguments — including those raised in its C.R.C.P.
59 motion challenging the priority date for Breckenridge’s CUFTA
lien — depend to some extent on the evidence presented at trial.
Just as importantly, without a trial transcript we are unable to
determine whether the arguments that A-1 raises on appeal were
preserved by objection or argument in the district court. Therefore,
we are unable to address A-1’s claims on the merits.
VI. Attorney Fees
¶ 36 Aniniba, Egbune, and A-1 all request an award of appellate
attorney fees. However, none of them explain why they are entitled
to a fees award. See In re Marriage of Wright, 2020 COA 11, ¶ 39
(denying a request for appellate attorney fees “because [the party]
failed to cite any legal authority for the request”); C.A.R. 39.1 (“If
attorney fees are recoverable for the appeal, the principal brief of
the party claiming attorney fees must include a specific request . . .
23 and must explain the legal and factual basis for an award of
attorney fees.”). In any event, given the disposition of this appeal,
we conclude that a fees award would be inappropriate.
VII. Disposition
¶ 37 We affirm the judgments.
JUDGE FOX and JUDGE JOHNSON concur.