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FOSTER EX REL. FOSTER v. WEIR

No. 2 CA-CV 2005-0096.

129 P.3d 482 (2006)

212 Ariz. 193

Chris FOSTER and Debra Foster, husband and wife, on behalf of themselves and their minor daughter, Kara Foster, Plaintiffs/Appellees/Cross-Appellants, v. G. Thomas WEIR, Jr., D.D.S., and Jane Doe Weir, husband and wife; G. Thomas Weir, Jr., D.D.S., P.C., an Arizona corporation; and Orthodontic Centers of Arizona, Inc., an Arizona corporation, Defendants/Appellants/Cross-Appellees.

Court of Appeals of Arizona, Division 2, Department B.

February 28, 2006.

Attorney(s) appearing for the Case

Law Office of JoJene Mills, P.C., By Jo-Jene Mills, P.C.C., Tucson, for Plaintiffs/Appellees/Cross-Appellants.

Jardine, Baker, Hickman & Houston, By Gerald T. Hickman and John Drazkowski, Phoenix, for Defendants/Appellants/Cross-Appellees.

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 In this appeal, appellants/cross-appellees Dr. Thomas Weir and Orthodontic Centers of Arizona, Inc., and appellees/cross-appellants Chris, Debra, and Kara Foster challenge only the propriety and reasonableness of the trial court's award of expert witness fees under Rule 54(f)(2), Ariz. R. Civ. P., 16 A.R.S., Pt. 2. For the reasons stated below, we vacate the award and remand the case for further proceedings...

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