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 the trial court’s award of $50,000 in attorney fees – a reduction in part from her total fees of nearly $83,000.  It based its decision in part because the opposing party failed to provide any evidentiary support for his claims that the fees should have been reduced more, given the degree to which he had prevailed.

By William Horne

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Posted in: Business Law

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