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DROZDA v. McCOMAS

No. 1 CA-CV 93-569.

181 Ariz. 82 (1994)

887 P.2d 612

Christina Theresa Marie DROZDA, a single woman, Plaintiff-Appellee, v. Susan Marie McCOMAS and John Doe McComas, wife and husband, Defendants-Appellants.

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

Review Denied January 24, 1995.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Lisa M. Sommer, Christopher Robbins, Phoenix, for appellants.

Barton, Venable, Gullette & Randall, P.C. by Richard A. Gullette, Bruce A. Barton, Phoenix, for appellee.

OPINION

TOCI, Judge.

Susan Marie McComas ("defendant") argues that the trial court erred in awarding Christina Theresa Marie Drozda ("plaintiff") costs as a "successful party" pursuant to Ariz. Rev. Stat. Ann. ("A.R.S.") section 12-341 (1992) and in failing to award defendant expert witness fees pursuant to Rule 68, Arizona Rules of Civil Procedure. We hold that where a plaintiff obtains an award of damages less favorable than the defendant's Rule 68 offer...

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