§ 11.2.2 Right To Recover Attorneys' Fees Incurred On Appeal.
Jurisdiction | Arizona |
§ 11.2.2 Right To Recover Attorneys’ Fees Incurred On Appeal. Both ARCAP 21 and RPSA 4(g) implicitly recognize the opportunity to recover attorneys’ fees on appeal when authorized by contract, statute or decisional law. Courts have held explicitly that A.R.S. § 12-341.01(A) applies to appeals. See Wenk v. Horizon Moving & Storage Co., 131 Ariz. 131, 133, 639 P.2d 321, 323 (1982); Koenen v. Royal Buick Co., 162 Ariz. 376, 383, 783 P.2d 822, 829 (App. 1989). Courts also have employed A.R.S. §§ 12-341.01(C) and 12-349 to award fees for frivolous appeals and abusive tactics, see, e.g., Rouzaud v. Marek, 166 Ariz. 375, 382, 802 P.2d 1074, 1081 (App. 1990), although § 12-341.01(C) has since been repealed, see Laws 2012, ch. 305, §§ 1 & 4.
ARCAP 21 specifies the procedure by which a party may request attorneys’ fees on appeal. ARCAP 21 was comprehensively revised twice, with initial revisions effective January 1, 2014, and subsequent revisions effective January 1, 2015. The purpose of the revisions was to make this procedure and related requirements more straightforward and transparent. Specifically, the revised rule alerts practitioners of the need to claim fees in their briefs and not after, and to specify the authority under which they claim fees. These revisions...
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- § 11.1 This Chapter's Scope.
- § 11.2.1 Statutory Basis For Attorneys' Fees.
- § 11.2.1.1 Attorneys' Fees Under A.R.S. § 12-341.01(A).
- § 11.2.1.1.1 Arising Out of Contract.
- § 11.2.1.1.2 Successful Party.
- § 11.2.1.1.3 Contested Actions.
- § 11.2.1.2 Amount of Attorneys' Fees Under A.R.S. § 12-341.01(B).
- § 11.2.1.3 Attorneys' Fees Under A.R.S. § 12-349.
- § 11.2.1.4 Attorneys' Fees Under A.R.S. §§ 12-348 and 12-348.01.
- § 11.2.1.4.1 Exemptions From A.R.S. § 12-348.
- § 11.2.1.4.2 The “Private Attorney General Doctrine.”
- § 11.2.1.5 The Common Fund Doctrine.
- § 11.2.2 Right To Recover Attorneys' Fees Incurred On Appeal.
- § 11.2.3 Right To Recover Superior Court Fees On Appeal.
- § 11.2.4 Timing of An Attorneys' Fees Request.
- § 11.2.5 Proper Form and Proof of A Fee Application.
- § 11.2.5.1 Contingent Fee Cases.
- § 11.2.5.2 The “Lodestar” Method.
- § 11.2.6 Types of Appellate Services Recoverable.
- § 11.2.7 Costs On Appeal.
- § 11.2.8 Timing of Objections To the Fee Application.
- § 11.2.9 Effect of Filing A Petition For Review.
- § 11.2.10 Award of Attorneys' Fees As Appellate Sanctions.
- § 11.3 Domestic Relations Appeals.
- § 11.4 Criminal Appeals.
- § 11.5 Arizona Attorneys' Fees Statutes.
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