§ 10.3 NO RIGHT TO RECOVER LOWER COURT FEES FROM APPELLATE COURT

• Jurisdiction: Arizona

§ 10.3 No Right to Recover Lower Court Fees from Appellate Court

Until 2012, Ariz. R. Civ. App. P. 21(c) permitted the appellate court to consider claims for attorneys' fees incurred "in connection with the . . . prosecution or defense of the case in the superior court." The 2012 amendments deleted that portion of the rule but the text did not expressly exclude the possibility of seeking fees incurred in the superior court. The 2014 amendments, however, confine Ariz. R. Civ. App. P. 21 to "attorneys' fees incurred on appeal or on review." Ariz. R. Civ. App. P. 21(a). Under the amended rule, unless a party is specifically appealing the denial of fees...