Callanan v. Sun Lakes Homeowners' Ass'n 1, Inc.

OPINION

HAIRE, Judge.

In this appeal the appellant, who was the plaintiff in a stockholders’ derivative action, contends that the trial court was without authority to award attorney’s fees to the defendants (appellees) upon the entry of judgment dismissing plaintiff’s complaint without prejudice.

The defendants’ first motions to dismiss the complaint were based upon plaintiff’s failure to allege, in accordance with Rule 23.1, Rules of Civil Procedure, 16 A.R.S., his efforts to seek redress of his alleged grievances from the directors of the defendant association or his reasons for not making…