Ezell v. Quon

¶ 36 For the reasons explained by my colleagues in the majority decision, I concur in affirming the trial court’s denial of Quon’s motion to set aside the default judgment. But I respectfully dissent from the majority’s refusal to award the prevailing party, Ezell, an amount of reasonable attorneys’ fees on appeal pursuant to A.R.S. § 12-341.01(A). The majority denies Ezell’s request for fees because he failed to cite § 12-341.01 in his answering brief or otherwise on appeal. On this record, I disagree with this conclusion and the mechanical approach it represents, and I would award Ezell an…