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FARMERS INS. CO. v. TALLSALT

No. CV-97-0415-PR.

962 P.2d 203 (1998)

192 Ariz. 129

FARMERS INSURANCE COMPANY, an Arizona corporation; and Michael Larson, Plaintiffs-Appellees, Cross Appellants. v. Brian TALLSALT, Defendant-Appellant, Cross-Appellee.

Supreme Court of Arizona, En Banc.

July 17, 1998.

Attorney(s) appearing for the Case

Aspey Watkins & Diesel Flagstaff by James E. Ledbetter, Whitney Cunningham, Joel E. Sannes, for Farmers Insurance Company and Michael Larson.

Trebon & Fine, P.C., Flagstaff by John Trebon for Brian Tallsalt.

OPINION.

MARTONE, Justice.

¶ 1 We are asked to decide how the superior court should assess attorneys' fees on appeals from arbitration awards under Rule 7(f), Uniform Rules of Procedure for Arbitration, when the arbitrator has awarded one or both parties $0. We hold that in order to avoid paying the appellee's attorneys' fees, one who appeals an arbitration award of $0 must obtain a judgment in an amount greater than $0.

I.

¶...

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