Balestrieri v. Balestrieri

OPINION

JOHNSEN, Chief Judge.

¶ 1 We hold in this appeal that a defendant who files a motion to dismiss pursuant to Arizona Rule of Civil Procedure (“Rule”) 12(b) in lieu of an answer forfeits his claim for attorney’s fees if he does not ask for fees at the time he moves to dismiss. The defendant here did not request fees until after the superior court granted his motion to dismiss. We vacate the award of fees because the defendant’s request was untimely.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Salvatore Balestrieri sued his son, David A Balestrieri, alleging breach of contract. David moved to…