Party Who Prevails on Quiet Title Claims But Loses on Other Claims May Still Win Attorney Fees

The Arizona Court of Appeals held this week that at a property owner who prevailed on quiet title and adverse possession claim was entitled to recover her attorney fees under Arizona Revised Statutes section 12-1103(B), even though the opposing property owner prevailed on other claims involving conversion, private nuisance, trespass, and unjust enrichment.  The court found, in Cook v. Grebe, that the other claims were only relevant in determining whether to award fees and in what amount.  The court upheld … Continued