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LONG v. CLARK

No. 1 CA-CV 09-0474.

244 P.3d 99 (2010)

Robert and Linda LONG, husband and wife, Plaintiffs/Appellants, v. Roger and Cindy CLARK, husband and wife, Defendants/Appellees.

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

December 28, 2010.

Attorney(s) appearing for the Case

Brown & Brown Law Offices, P.C. By F. Morgan Brown , Pinetop, Attorneys for Appellants.

Shaffery & Coronado, P.C. By Victoria L. Earle , Lakeside, Attorneys for Appellees.

OPINION

TIMMER, Chief Judge.

¶ 1 Arizona Revised Statutes ("A.R.S.") section 12-1103(B) (2003) authorizes the superior court to award attorneys' fees to a party who brings an "action to quiet title to real property" if that party timely tendered a quit claim deed and five dollars to the opposing party. This appeal requires us to decide whether § 12-1103(B) authorizes an award of fees to defendants in a quiet title action who make the required tender...

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