Arizona Supreme Court

American Power Products, Inc., a California Corporation; Lfmg/app, LLC, an Arizona Corporation, Pl — Timmer, J…

March 23, 2017241 Ariz. 564

Summary

Justice Timmer dissented from the majority's treatment of a contractual attorney-fee provision. She would hold that the contract's use of "the prevailing party" unambiguously refers to the party that wins the lawsuit and that the attorney-fee statute cannot redefine that contractual term to create two prevailing parties. The dissent would affirm the trial court's attorney-fee award.