Legal Opinion

Tom Mulcaire Contracting, LLC v. City of Cottonwood

Court of Appeals of Arizona

Decided July 26, 2011No. 1 CA-CV 10-0622PublishedCited by 3 opinions

1Opinion of the Court

OPINION

NORRIS, Judge.

¶ 1 Defendants/Appellants City of Cottonwood and certain elected officials (collectively, the “City”) appeal from a judgment awarding Tom Mulcaire Contracting, LLC, fees under Arizona Revised Statutes (“AR.S.”) section 12-2030 (2003), a statute that requires a court to award attorneys’ fees to a prevailing party in a mandamus action. The issue presented in this appeal is whether a party is entitled to fees under this statute if it does not obtain an order compelling performance of a duty or other such relief. We agree with the City that, in general, a party must obtain…

2Cases cited14 opinions

  1. United States v. Crescent Amusement Co.Supreme Court of the United States · 1944
  2. Wyatt v. WehmuellerArizona Supreme Court · 1991
  3. John C. Lincoln Hospital v. Maricopa CountyCourt of Appeals of Arizona · 2004
  4. Marcus v. FoxArizona Supreme Court · 1986
  5. Loiselle v. COSAS MANAGEMENT GROUP, LLCCourt of Appeals of Arizona · 2010

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3Cited by3 opinions

  1. Melinda S. Workman v. Verde Wellness Center, Inc.Court of Appeals of Arizona · 2016
  2. Hess v. PurcellCourt of Appeals of Arizona · 2012
  3. Merrick v. EscapuleCourt of Appeals of Arizona · 2016

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