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DOOLEY v. O'BRIEN

No. 1 CA-CV 09-0595.

244 P.3d 586 (2010)

Michael DOOLEY, an unmarried man, individually, and/or derivatively on behalf of Corvallas Development Corporation, an Arizona corporation, Plaintiff/Counterdefendant/Appellant, v. William O'BRIEN and Kathleen O'Brien aka Kathleen Falkenberg, husband and wife, Defendants/Appellees, and Michael Fencl, a married man dealing with his sole and separate property, Defendant/Counterclaimant/Appellee.

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

December 28, 2010.

Attorney(s) appearing for the Case

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. By L. Eric Dowell and Kerry S. Martin , Phoenix, Attorneys for Plaintiff/Counterdefendant/Appellant.

Burch & Cracchiolo, P.A. By Edwin D. Fleming and Jake D. Curtis And Melissa Iyer , Phoenix, Attorneys for Defendants/Appellees O'Brien.

Burch & Cracchiolo, P.A., By Daryl Manhart , Phoenix, Attorneys for Defendant/Counterclaimant/Appellee Fencl.

OPINION

SWANN, Judge.

¶ 1 This case presents the question whether A.R.S. 12-341.01(A) authorizes the award of attorneys fees to the prevailing party in actions for breach of fiduciary duty, fraudulent conveyance, and accounting. We conclude that such claims are based on duties imposed by law, not by express or implied promises, and therefore do not "aris[e] out of a contract" within the meaning of the...

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