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TEPOA v. McGOVERN

No. 2 CA-CV 2015-0069.

366 P.3d 111 (2016)

TUCSON ESTATES PROPERTY OWNERS ASSOCIATION, INC., an Arizona Nonprofit Corporation, Plaintiff/Appellee, v. Holly A. McGOVERN, an Unmarried Woman; and Donald E. Sines, an Unmarried Man, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

January 15, 2016.

Attorney(s) appearing for the Case

Carpenter, Hazlewood, Delgado & Bolen, PLC, By Jason Smith and Nicholas Nogami, Tucson, Counsel for Plaintiff/Appellee.

Stephen M. Weeks, Marana, Counsel for Defendants/Appellants.

Judge MILLER authored the opinion of the Court, in which Presiding Judge VÁSQUEZ and Chief Judge ECKERSTROM concurred.

OPINION

¶ 1 We address whether A.R.S. § 12-341.01 requires an award of attorney fees to the prevailing party if the contract that authorizes such fees mandates an award to the other party but is silent as to the prevailing party. As a matter of statutory interpretation, we conclude that § 12-341.01(A) permits...

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