CALLANAN v. SUN LAKES HOMEOWNERS' ASS'N. # 1

No. 1 CA-CIV 5402.

134 Ariz. 332 (1982)

656 P.2d 621

Robert A. CALLANAN, Plaintiff-Appellant, v. SUN LAKES HOMEOWNERS' ASSOCIATION # 1, INC., an Arizona corporation; Sun Lakes Properties, Inc., an Arizona corporation; Edward J. Robson, dba Sun Marketing Development; Maurice Kay; Jack P. Jones; Jerry Levy; Edna Pitts; Angelo Sandilla and James Stuart, Defendants-Appellees.

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

Rehearing Denied October 1, 1982.

Review Denied October 19, 1982.


Attorney(s) appearing for the Case

Paul M. Rybarsyk, Scottsdale, for plaintiff-appellant.

Powers, Ehrenreich, Boutell & Kurn by Michael F. Ruffatto, Nancy J. Beck, Phoenix, for defendants-appellees Sun Lakes Properties, Inc. and Robson.

Fennemore, Craig, von Ammon & Udall by Dwayne L. Burton, Charles M. King, Phoenix, for defendants-appellees Sun Lakes Homeowners' Association # 1, Inc., Kay, Jones, Levy, Pitts, Sandilla and Stuart.


OPINION

HAIRE, Judge.

In this appeal the appellant, who was the plaintiff in a stockholders' derivative action, contends that the trial court was without authority to award attorney's fees to the defendants (appellees) upon the entry of judgment dismissing plaintiff's complaint without prejudice.

The defendants' first motions to dismiss the complaint were based upon plaintiff's failure to allege, in accordance...

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