§ 2.5.2 ADVERSITY OF PARTIES

• Jurisdiction: Arizona

Although A.R.S. § 12-341.01(A) does not use the term "adverse party," for a litigant to recover attorneys' fees under the statute, the parties must be adverse to each other. Fulton Homes Corp. v. BBP Concrete, 214 Ariz. 566, 571-72, ¶¶ 17-22, 155 P.3d 1090, 1095-96 (App. 2007) (subcontractor named as third-party defendant by builder was an adverse party to builder within meaning of statute permitting an award of fees to subcontractor against builder); McKesson Chem. Co. v. Van Waters & Rogers, 153 Ariz. 557, 563, 739 P.2d 211, 217 (App. 1987) (adversity present between intervening...