Dooley Corvallas Development Corp. v. O'Brien

OPINION

SWANN, Judge.

¶ 1 This ease presents the question whether A.R.S. 12-341.01(A) authorizes the award of attorneys fees to the prevailing party in actions for breach of fiduciary duty, fraudulent conveyance, and accounting. We conclude that such claims are based on duties imposed by law, not by express or implied promises, and therefore do not “aris[e] out of a contract” within the meaning of the statute. Accordingly, we vacate the superior courts award of fees.

FACTS AND PROCEDURAL HISTORY

¶2 In the late 1980s, Michael Dooley (“Plaintiff’) joined with Michael Fencl, William O’Brien and…