Opinion
Leonard L. Beal, Lakewood, Harry H. Haddock, Denver, for plaintiff in error.
Spiro A. Fotopulos, Denver, for defendant in error.
SILVERSTEIN, Chief Judge.
This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.
Plaintiff in error was defendant below in a divorce action. He asserts error in various rulings of the trial court relative to final orders on property settlement, alimony and attorney fees.
Since plaintiff in error failed to lodge the reporter's transcript in time, it is not a part of the record. We are therefore bound by the findings of fact of the trial court. Meagher v. Neal, 130 Colo. 7, 272 P.2d 992.
We perceive no error in the trial court's denial of the motion for new trial or in the other rulings of the trial court.
Defendant in error has asked us to assess attorney fees relative to this appeal. Application therefor should be made to the trial court which is better equipped to investigate and determine the relative capacities of the parties to sustain such fees and the costs. Watson v. Watson, 135 Colo. 296, 310 P.2d 554. On proper application of the plaintiff to the trial court, the trial court is directed to make such further orders with reference to attorney fees and costs for proceedings in this Court as the facts and circumstances may warrant.
The judgment of the trial court is affirmed.
ENOCH and PIERCE, JJ., concur.