O'Malley Investment and Realty Co. v. Trimble

KRUCKER, Judge.

This matter is presently before this court concerning the allowance of costs to appellant who prevailed on appeal. (See O’Malley Investment and Realty Co. v. Trimble, 5 Ariz.App. 10, 422 P.2d 740 (1967) ; review denied April 4, 1967) Our decision reversed the lower court judgment in favor of appellees and directed the lower court to enter judgment in favor of the appellant. Since resolution of this procedural question concerning allowance of costs would be of interest to members of the bar of this state, we have decided to issue this written opinion concerning same.

The…