§ 5.4.7 RESTRAINT IN APPLYING THE STATUTE

• Jurisdiction: Arizona

§ 5.4.7 Restraint in Applying the Statute

In the past, Arizona courts have identified the need for restraint in awarding fees pursuant to A.R.S. § 12-349. For example, in denying fees under that statute in Lynch v. Lynch, 164 Ariz. 127, 791 P.2d 653 (App. 1990), the court stated: "Though the appeal is unsuccessful, the facts were unique and the law uncertain. [Appellant] raised legitimate issues and prompted reexamination of [prior law]. We must be careful in administering § 12-349 and similar statutes not...