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MCDOWELL MOUNTAIN RANCH COMMUNITY ASS'N v. SIMONS

No. 1 CA-CV 05-0296.

165 P.3d 667 (2007)

McDOWELL MOUNTAIN RANCH COMMUNITY ASSOCIATION, INC., an Arizona nonprofit corporation, Plaintiff/Appellant, v. James F. SIMONS, an unmarried man, Defendant/Appellee.

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

August 10, 2007.

Attorney(s) appearing for the Case

Carpenter Hazlewood, PLC By Scott B. Carpenter, Jeffrey B. Corben, J. Roger Wood, Tempe, Attorneys for Appellant.

James F. Simons, Scottsdale, In Propria Persona.

HALL, Judge.

¶ 1 McDowell Mountain Ranch Community Association, Inc. (the Association) appeals from the trial court's award of partial attorneys' fees in its favor. The question presented is whether the trial court abused its discretion when it awarded the Association only one-half of its requested fees despite a provision in the Association's Declaration of Covenants, Conditions, and Restrictions (CC & Rs) that entitled the Association to "all attorney's...

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