Guardianship of Monti v. Monti

OPINION

NOYES, Judge.

The question is whether the trial court had jurisdiction to award attorneys’ fees pursuant to A.R.S. section 12-349(A)(1) (1992) after entry of final judgment. Declining to follow Hamm v. Y & M Enterprises, Inc., 157 Ariz. 336, 757 P.2d 612 (App.1988), we hold that the rule announced in Mark Lighting Fixture Co. v. General Electric Supply Co., 155 Ariz. 27, 745 P.2d 85 (1987), governs all claims for attorneys’ fees in Arizona, unless a rule of procedure or a statute otherwise provides. Applying the Mark Lighting rule here, we conclude that the trial court lacked…