HENRY v. COOK

No. 1 CA-CV 95-0444.

938 P.2d 91 (1996)

189 Ariz. 43

Christina HENRY and Brad Bogust, Plaintiffs-Appellants, v. Joe COOK, Sheriff of Mohave County, personally, individually, and in his official capacity, and on behalf of his marital community; Jane Doe Cook, Wife of Joe Cook; W.T. "Terry" Flanagan, Deputy, Mohave County Sheriff's Department, personally, individually, and in his official capacity on behalf of his marital community; Jane Doe Flanagan, Wife of W.T. "Terry" Flanagan; Paul Adams, Deputy, Mohave County Sheriff's Department, personally individually, and in his official capacity, and on behalf of his marital community; Jane Doe Adams, Wife of Paul Adams; Mohave County, a body politic; Mohave County Sheriff's Department the law enforcement agency of Mohave County; Mohave Area General Narcotics Enforcement Team (Magnet), a law enforcement consortium of Mohave County; The State of Arizona, a body politic; Department of Public Safety, a law enforcement agency of the State of Arizona; Director, Department of Public Safety, in his official capacity; Dave Paul, an agent or employee of the Department of Public Safety, personally, individually and in his official capacity, and on behalf of his marital community; Jane Doe Paul, Wife of Dave Paul, Defendants-Appellees.

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

December 24, 1996.


Attorney(s) appearing for the Case

Law Offices of David D. White, Phoenix by David White and Law Offices of Gerald A. Pollock, Phoenix by Gerald A. Pollock, for Plaintiffs-Appellants.

Jones, Skelton & Hochuli, Phoenix by Eileen J. Dennis and John T. Masterson, for Mohave County Defendant-Appellee.

Grant Woods, Phoenix, Attorney General by John E. Birkemeier, Assistant Attorney General, for State of Arizona Defendant-Appellee.


OPINION

LANKFORD, Judge.

The question presented by an application for costs is whether partially successful appellants are entitled to an award of costs on appeal.

In this case, the extent of appellants' success on appeal was as follows. Appellants, as plaintiffs, filed a complaint which asserted eight claims. Some—but not all—of these claims arose out of the same transaction or occurrence. The trial court dismissed all of the claims...

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