Allen R. Krauss Co. v. Fox

In Allen R. Krauss Co. v. Fox, 137 Ariz. 203, 669 P.2d 980 (App. 1983), the Court reversed and remanded with directions that judgment be entered on Fox's motion for summary judgment. Id. After the filing of the mandate, the trial court awarded attorneys' fees and costs to Fox with regard to the prior trial court proceedings. Id. Krauss appealed from the award of attorneys' fees, and the court of appeals affirmed, holding that "upon the reversal of a judgment when a mandate issues directing the entry of judgment in favor of the other party, attorney fees, if otherwise allowable by contract or statute, and costs, may be awarded in addition to or as part of the new judgment." Id.