§ 8.10 APPLICABILITY OF A.R.S. § 12-341.01(A)- IN FAMILY LAW CASES

• Jurisdiction: Arizona

§ 8.10 Applicability of A.R.S. § 12-341.01(A) in Family Law Cases

In Rowe v. Rowe,154 Ariz. 616, 622, 744 P.2d 717, 723 (App. 1987), the court of appeals declined to extend A.R.S. § 12-341.01(A) to family law cases even when the trial resembles a commercial law case. Appellate courts have also determined that, even if the parties adopt a provision in a settlement agreement entitling the prevailing party to reasonable attorneys' fees, A.R.S. § 25-324 governs, rather than the parties' agreement. Edsall v. Superior Court, 143 Ariz. 240, 247, 693 P.2d 895, 902...