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ACEMA v. BACH

No. CV-97-0495-PR.

973 P.2d 106 (1999)

193 Ariz. 401

AHWATUKEE CUSTOM ESTATES MANAGEMENT ASSOCIATION, INC., an Arizona non-profit corporation, Plaintiff-Appellee, v. Daniel G. BACH, a single man, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

January 28, 1999.

Attorney(s) appearing for the Case

Bryan Cave LLP by Margaret R. Mahoney and Sarah L. Chilton, Phoenix, Attorneys for Appellee.

Cheifetz & Iannitelli, P.C. by Claudio E. Iannitelli, Phoenix, Attorneys for Appellant.

OPINION

McGREGOR, Justice.

¶ 1 The primary issue before us is whether the successful party in a contract action may recover its non-taxable costs as part of an award of attorneys' fees under Arizona Revised Statutes (A.R.S.) § 12-341.01.A (West 1992). We hold it may not.

I.

¶ 2 This matter stems from a disagreement involving Appellant Daniel Bach's (Bach) installation of a fence and pilasters on his property in the Ahwatukee...

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