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CROSS v. OFFICE OF ATTY. GEN.

No. 1 CA-CV 88-576.

165 Ariz. 14 (1990)

795 P.2d 1297

Gary W. CROSS, Plaintiff-Appellee, v. The OFFICE OF the ATTORNEY GENERAL OF the STATE OF ARIZONA; Robert K. Corbin, Attorney General, Defendant-Appellant.

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

July 31, 1990.

Attorney(s) appearing for the Case

Craig Mehrens, P.A. by Craig Mehrens, and Amy Wilemon, Phoenix, for plaintiff-appellee.

Robert K. Corbin, Atty. Gen. by John Pressley Todd, Chief Counsel, Sp. Investigations Div., Cameron H. Holmes, Asst. Atty. Gen., and Daniel J. Kiley, Asst. Atty. Gen., Phoenix, for defendant-appellant.

OPINION

BROOKS, Presiding Judge.

The Attorney General (hereinafter "the state") has appealed from the denial of its petition for an award of attorney's fees incurred in defending against a superior court special action. Appellee Gary Cross filed the special action in an effort to prevent the state from obtaining an order of forfeiture regarding property in which he asserted an interest.1 We consider whether the trial court erred...

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