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CONTINENTAL TOWNHOUSES EAST v. BROCKBANK

No. 1 CA-CIV 8582.

152 Ariz. 537 (1986)

733 P.2d 1120

CONTINENTAL TOWNHOUSES EAST UNIT ONE ASSOCIATION, an Arizona corporation; Vincent Territo; Dorothea Waxman; and Jill Sampson, Plaintiffs-Appellees, Cross Appellants, v. Roy R. BROCKBANK and Rita Brockbank, husband and wife, d/b/a Roy Brockbank Enterprises, Defendants-Appellants, Cross Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied December 5, 1986.

Review Denied March 11, 1987.

Attorney(s) appearing for the Case

Wade Church, P.C. by Wade Church, Phoenix, for defendants-appellants, cross appellees.

Beus, Gilbert, Wake & Morrill by Neil Vincent Wake, Joseph A. Schenk, Shawn K. Aiken, Phoenix, for plaintiffs-appellees, cross appellants.

OPINION

CONTRERAS, Presiding Judge.

This appeal and cross-appeal followed the trial court's remittitur of damages awarded by a jury for the defendant-appellant's breach of the implied warranty of workmanship and habitability in the construction of the plaintiffs-appellees' townhouse roofs. Among the issues we resolve on appeal is whether an award of attorneys' fees under A.R.S. § 12-341.01 may include the cost...

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