§ 5.4.10 APPEALS

JurisdictionArizona

§ 5.4.10 Appeals

A trial court's application of A.R.S. § 12-349 is reviewed de novo, but its findings of fact are reviewed only under a clearly erroneous standard. City of Casa Grande v. Arizona Water Company,199 Ariz. 547, 555, ¶ 27, 20 P.3d 590, 598(App. 2001); Fisher v. National General Insurance Company,192 Ariz. 366, 370, ¶ 13, 965 P.2d 100, 370 (App. 1998).

The court of appeals has recently held that an award of attorneys' fees under A.R.S.
§ 12-349 is not an award of "damages" for the purposes...

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