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KOOL RADIATORS, INC. v. EVANS

No. 1 CA-CV 11-0071.

278 P.3d 310 (2012)

KOOL RADIATORS, INC., an Arizona corporation, Plaintiff/Appellant/Cross-Appellee, v. Stephen EVANS and Jane Doe Evans, an Arizona married couple, Defendants/Appellees/Cross-Appellants, and AEGIS Jet, LLC, a Delaware limited liability company, Defendant/Appellee.

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

May 31, 2012.

Attorney(s) appearing for the Case

Osborn Maledon, P.A. by Colin F. Campbell , Brandon A. Hale , Phoenix, Attorneys for Plaintiff/Appellant/Cross-Appellee.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Timothy J. Thomason , Denise H. Troy , Phoenix, Attorneys for Defendants/Appellees/Cross-Appellants Evans.

Palecek & Palecek PLLC by Karen A. Palecek , Scottsdale, Attorneys for Defendant/Appellee Aegis Jet.

OPINION

PORTLEY, Judge.

¶ 1 Kool Radiators, Inc. ("KRI") appeals the attorneys' fees and costs awarded to Stephen Evans ("Evans") and Aegis Jet, LLC ("Aegis"). For the reasons that follow, we exercise special action jurisdiction and grant relief by vacating the fee award.

FACTS

¶ 2 Stephen Evans approached Ron Davis, a professional acquaintance, in 2007 with an investment proposal. Evans told Davis that Aegis was raising capital...

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