Legal Opinion

MCDOWELL MOUNTAIN RANCH COMMUNITY ASS'N v. Simons

Court of Appeals of Arizona

Decided August 10, 2007No. 1 CA-CV 05-0296PublishedCited by 42 opinions

1Opinion of the Court

HALL, Judge.

¶ 1 McDowell Mountain Ranch Community Association, Inc. (the Association) appeals from the trial court’s award of partial attorneys’ fees in its favor. The question presented is whether the trial court abused its discretion when it awarded the Association only one-half of its requested fees despite a provision in the Association’s Declaration of Covenants, Conditions, and Restrictions (CC & Rs) that entitled the Association to “all attorney’s fees and costs incurred” in enforcing compliance with the CC & Rs. We conclude that the Association is entitled to receive all its…

2Cases cited17 opinions

  1. F.H. Krear & Co. v. Nineteen Named TrusteesCourt of Appeals for the Second Circuit · 1987
  2. Schweiger v. China Doll Restaurant, Inc.Court of Appeals of Arizona · 1983
  3. Twin City Sportservice, Inc. v. Charles O. Finley & Co.Court of Appeals for the Ninth Circuit · 1982
  4. Gordinier v. Aetna Casualty & Surety Co.Arizona Supreme Court · 1987
  5. Pioneer Roofing Co. v. Mardian Construction Co.Court of Appeals of Arizona · 1986

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3Cited by42 opinions

  1. McMullen v. KutzSupreme Court of Pennsylvania · 2009
  2. Westar Energy, Inc. v. LakeCourt of Appeals for the Tenth Circuit · 2009
  3. American Power Products, Inc. v. CSK Auto, Inc.Arizona Supreme Court · 2017
  4. Bennett Blum, M.D., Inc. v. Cowan Law Office of Rand HaddockCourt of Appeals of Arizona · 2014
  5. Geller v. LeskCourt of Appeals of Arizona · 2012

37 more not listed; retrieve them via the Exa API.

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