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POULSON v. OFACK

No. 1 CA-CV 07-0499.

205 P.3d 1141 (2009)

Clayton POULSON and Shelley Poulson, husband and wife, Plaintiffs/Appellants, v. Jean OFACK, a single person, Defendant/Appellee.

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

March 17, 2009.

Attorney(s) appearing for the Case

Gregg A. Thurston, Attorney at Law By Gregg A. Thurston, Phoenix, Attorney for Plaintiffs/Appellants.

Broening Oberg Woods & Wilson, PC By Brian W. Purcell, and James R. Broening, Phoenix, Attorneys for Defendant/Appellee.

OPINION

BROWN, Judge.

¶ 1 Clayton and Shelly Poulson ("the Poulsons") appeal the trial court's order denying their request for attorneys' fees and expert witness fees and awarding only part of their requested taxable costs. The Poulsons assert that reimbursement of the fees and costs was mandatory under Arizona Revised Statutes ("A.R.S.") section 12-133(1) (Supp.2007) and Arizona Rule of Civil Procedure 77(f). Based on our conclusion that the trial...

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