Scottsdale Memorial Health Systems, Inc. v. Clark

OPINION

KLEINSCHMIDT, Judge.

This is the second appeal in this lengthy litigation. The substantive issue was resolved by the supreme court in Scottsdale Memorial Health Systems, Inc. v. Clark, 157 Ariz. 461, 759 P.2d 607 (1988), and the case was remanded to the trial court to determine whether attorney’s fees should be awarded to the prevailing party, Scottsdale Memorial Health Systems. The trial court declined to award those fees, and this appeal ensued. We hold that the trial court’s refusal to award attorney’s fees to Scottsdale Memorial was not an abuse of discretion.

This case arose out of…