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COOK v. GREBE

No. 1 CA-CV 17-0211.

429 P.3d 1161 (2018)

799 Ariz. Adv. Rep. 25

Gregory COOK, Plaintiff/Counter-Defendant/Appellant, v. Cynthia GREBE, et al., Defendants/Counter-Claimants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED September 11, 2018.

Attorney(s) appearing for the Case

The East Valley Law Firm, Chandler, By Daryl R. Wilson , Counsel for Plaintiff/Counter-Defendant/Appellant.

MacQueen & Gottlieb, PLC, Phoenix, By Benjamin L. Gottlieb , Patrick R. MacQueen , Counsel for Defendants/Counter-Claimants/Appellees.

Presiding Judge Michael J. Brown delivered the opinion of the Court, in which Judge Maria Elena Cruz and Judge Maurice Portley joined.

OPINION

¶ 1 The issue we address is whether a party who prevails on quiet title claims but loses on other claims or defenses is nonetheless eligible to recover attorneys' fees under Arizona Revised Statutes ("A.R.S.") section 12-1103(B). For the following reasons, we conclude that the statute's prevailing-party determination...

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