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FIELDS v. ELECTED OFFICIALS RETIREMENT PLAN

No. 1 CA-CV 18-0126.

459 P.3d 503 (2020)

Kenneth FIELDS, et al., Plaintiffs/Appellees, v. ELECTED OFFICIALS RETIREMENT PLAN, Defendant/Appellee, State of Arizona, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

FILED February 6, 2020.

Attorney(s) appearing for the Case

Osborn Maledon, P.A., Phoenix, By Colin F. Campbell , Counsel for Plaintiffs/Appellees.

Arizona Attorney General's Office, Phoenix, By Paula S. Bickett , Andrew G. Pappas , Nancy M. Bonnell , Charles A. Grube , Eryn M. McCarthy , Counsel for Defendant/Appellant State of Arizona.

Judge David D. Weinzweig delivered the opinion of the Court, in which Presiding Judge Kent E. Cattani and Chief Judge Peter B. Swann joined.

OPINION

¶1 A.R.S. § 12-341.01 allows the superior court to award reasonable attorney fees to the successful party in a contested action arising out of contract. Courts have held that fees may only be awarded under the statute if the successful party has a "genuine financial obligation" to compensate an attorney...

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