Title Insurance Co. of Minnesota v. Acumen Trading Co.

GORDON, Justice:

Appellant, Title Insurance Company of Minnesota (Title Insurance), filed suit against Acumen Trading Company, Inc. (Acumen), alleging that the latter had breached the terms of a third party beneficiary contract and an oral agreement. Acumen filed a motion for summary judgment, which included a request for attorneys’ fees, pursuant to A.R.S. § 12-341.01. Summary judgment was granted to Acumen on May 17, 1977, and was filed in written form on May 18, 1977. The judgment, prepared by Acumen, awarded Acumen its costs but failed to make any mention of attorneys’ fees.

On May 17,…