§ 4.3.3 ADJUDICATION ON THE MERITS
Jurisdiction | Arizona |
§ 4.3.3 Adjudication on the Merits
To establish an entitlement to fees, a party must "prevail" by an "adjudication on the merits." This standard applies to the six categories of proceedings under A.R.S. § 12-348(A), and to tax proceedings under A.R.S. § 12-348(B). See generally Eastern Vanguard Forex, Ltd. v. Arizona Corp. Comm'n, 206 Ariz. 399, 79 P.3d 86 (App. 2003) (an adjudication on the merits exists where a party prevails on its legal argument and was absolved of liability); Mountain States Tel. & Tel. Co. v. Arizona Corp. Comm'n, 160 Ariz. 350, 773 P.2d 455 (1989) (an adjudication on the merits exists where a party obtains relief from an agency decision). An adjudication on the merits does not include a successful result achieved through settlement, Arnold v. Arizona Bd. of Pardons &...
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- § 4.1 THIS CHAPTER'S SCOPE
- § 4.2 INTRODUCTION
- § 4.3 A.R.S. § 12-348
- § 4.3.1 APPLICABLE PROCEEDINGS
- § 4.3.2 TAX PROCEEDINGS
- § 4.3.3 ADJUDICATION ON THE MERITS
- § 4.3.4 EXCEPTIONS
- § 4.3.5 COURT DISCRETION
- § 4.3.6 THE FEE AWARD
- § 4.3.7 OTHER EXPENSES
- § 4.3.8 PAYMENT
- § 4.4 STATE ADMINISTRATIVE AGENCY AND UNIVERSITY PROCEEDINGS
- § 4.5 ADMINISTRATIVE PROCEEDINGS BEFORE THE DEPARTMENT OF REVENUE
- § 4.6 MANDAMUS-TYPE ACTIONS
- § 4.7 PUBLIC RECORDS AND OPEN MEETINGS LITIGATION
- § 4.8 OTHER STATUTES
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