Sultani v. Leuthy

Kennedy, A.C.J.

Todd Shrewsbury and Lance Pollard appeal the trial court’s order awarding attorney fees to Waheed Sultani under Rule 7.3 of the Mandatory Arbitration Rules (MAR). The appellants contend that the fee award was erroneous under the facts of this case because neither was a party who failed to improve his position on the trial de novo. We agree and reverse the trial court’s judgment in favor of Sultani. Because our holding is dispositive of this appeal, we need not reach the appellants’ additional argument that Shrewsbury, who did not appeal the arbitration award, was not subject to…