Poulson v. OFACK

OPINION

BROWN, Judge.

¶ 1 Clayton and Shelly Poulson (“the Poul-sons”) appeal the trial court’s order denying their request for attorneys’ fees and expert witness fees and awarding only part of their requested taxable costs. The Poulsons assert that reimbursement of the fees and costs was mandatory under Arizona Revised Statutes (“A.R.S.”) section 12-133(1) (Supp.2007) and Arizona Rule of Civil Procedure 77(f). Based on our conclusion that the trial court exceeded its discretionary authority under the statute and rule, we reverse and remand for further proceedings.

BACKGROUND

¶ 2 In August 2005,…