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MURPHY FARRELL DEVELOPMENT, LLLP v. SOURANT

No. 1 CA-CV 10-0635.

272 P.3d 355 (2012)

MURPHY FARRELL DEVELOPMENT, LLLP, an Arizona limited liability limited partnership; and Rock Resources, a defunct Arizona corporation, Plaintiffs/Appellees/Cross-Appellants, v. Clay SOURANT, a single man, dba Jake's Crane & Rigging, Defendant/Appellant/Cross-Appellee.

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

February 16, 2012.

Attorney(s) appearing for the Case

Clark Hill PLC By Mark S. Sifferman , Scottsdale, Attorneys for Plaintiffs/Appellees/Cross-Appellants.

Beus Gilbert PLLC By Mark C. Dangerfield , Scottsdale, Attorneys for Defendant/Appellant/Cross-Appellee.

TIMMER, Judge.

¶ 1 This appeal and cross-appeal present several issues concerning the availability of equitable relief to remedy appellee Clay Sourant's breaches of agreements with appellant Murphy Farrell Development, LLLP, and the trial court's discretion to deny Sourant an award of attorney's fees under the terms of these agreements. For the reasons that follow, we affirm in part, reverse in part, and remand with instructions for additional proceedings.

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