Legal Opinion

Marcus v. Fox

Court of Appeals of Arizona

Decided September 17, 1987No. 2 CA-CV 87-0097PublishedCited by 4 opinions

1Opinion of the Court

OPINION

ROLL, Judge.

Lillian L. Fox and Robert A. Gold (Fox) appeal from the trial court’s order awarding $40,000 attorneys’ fees to counsel for Eric H. Marcus and Irene M. Marcus (Marcus).

The issue presented is whether A.R.S. § 12-341.01(B), limits recovery of attorneys’ fees by a prevailing party in an action arising out of contract to that amount specified in a contingency agreement between the prevailing parties and their counsel. We hold that it does.

On September 1, 1981, Marcus brought an action for fraud against Fox. A jury verdict was rendered in favor of Marcus and, pursuant to a…

2Cases cited7 opinions

  1. Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
  2. Marcus v. FoxArizona Supreme Court · 1986
  3. Lacer v. Navajo CountyCourt of Appeals of Arizona · 1984
  4. Wheel Estate Corp. v. WebbCourt of Appeals of Arizona · 1983
  5. Jerman v. O'LEARYCourt of Appeals of Arizona · 1985

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

3Cited by4 opinions

  1. Pasco Industries, Inc. v. Talco Recycling, Inc.Court of Appeals of Arizona · 1998
  2. Chavarria v. State Farm Mutual Automobile InsuranceCourt of Appeals of Arizona · 1990
  3. Hkb, Inc. v. ImperialCourt of Appeals of Arizona · 2021
  4. Tapestry on Central Condominium Association v. Liberty Insurance Underwriters IncorporatedDistrict Court, D. Arizona · 2020

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