§ 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 &...