265 P.3d 1094
Ariz. Ct. App.2011Background
- Motzer sued the Escalantes for breach of contract and unjust enrichment related to a home remodeling project; Escalantes counterclaimed for negligent misrepresentation.
- Trial court dismissed Motzer's contract claim and three Escalante counterclaims for lack of contractor license; Motzer prevailed on unjust enrichment claim and Escalantes prevailed on their misrepresentation counterclaim.
- Trial court found Motzer was the successful party for costs but denied attorney fees to Motzer; no party was awarded attorney fees.
- Motzer requested deposition costs of $444.10; the court initially denied these costs.
- Motzer sought recovery for jury notebook costs and exhibit notebooks; court found these were not taxable costs as not ordered by the court.
- On appeal, Motzer challenges the denial of attorney fees, deposition costs, notebook costs, and argues for post-judgment interest not awarded; the court affirms in part and reverses in part and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney fees were properly denied? | Motzer argues the court abused its discretion. | Escalantes contend discretion allowed denial given factors. | No abuse of discretion; denial affirmed. |
| Deposition costs were fully taxable? | Motzer seeks $444.10 for deposition transcription and photocopies. | Escalantes argue deposition costs limited to the initiating party. | Reversed in part; deposition transcription and photocopies awarded. |
| Jury notebook costs taxable as ordered by court? | Motzer seeks notebooks costs as taxable. | Notebook costs not incurred pursuant to a court order. | Not taxable; notebooks denied. |
| Interest on net judgment not awarded? | Motzer contends post-judgment interest owed as of her disclosures. | Interest issue not preserved; waived. | Waived; not considered on appeal. |
Key Cases Cited
- Associated Indemnity Co. v. Warner, 143 Ariz. 567 (Ariz. 1985) (broad discretion factors for attorney fees)
- Sanborn v. Brooker & Wake Prop. Mgmt., Inc., 178 Ariz. 425 (Ariz. 1994) (determine successful party and consider factors for fees)
- Ahwatukee Custom Estates Mgmt. Ass'n., Inc. v. Turner, 196 Ariz. 631 (Ariz. 2000) (abuse of discretion standard for fee awards)
- State Farm Mut. Auto. Ins. Co. v. Arrington, 192 Ariz. 255 (Ariz. 1998) (approval of discretionary limits on cost/fee awards)
- Foster ex rel. Foster v. Weir, 212 Ariz. 193 (Ariz. 2006) (taxable costs defined; deposition costs allowed as associated costs)
- Corbin v. Ariz. Corp. Comm'n, 143 Ariz. 219 (Ariz. 1984) (deposition costs and associated costs)
- Lopez v. Lopez, 125 Ariz. 309 (Ariz. 1980) (interpretation of court orders and costs imagery)
- Schritter v. State Farm Auto Ins. Co., 201 Ariz. 391 (Ariz. 2001) (bright-line rule on court-ordered costs)
- Hourani v. Benson Hosp., 211 Ariz. 427 (Ariz. 2005) (principles of statutory cost recovery and discretionary rulings)