OPINION
JACOBSON, Presiding Judge.
This opinion is in response to a statement of costs filed in this appeal which included a request for attorney's fees. Normally, such requests are disposed of by non-published orders of this court. However, in the opinion of the court, the issue raised under A.R.S. § 12-341.01, allowing the assessment of attorney's fees in "any contested action arising out of contract" is sufficiently novel to justify an opinion.
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