MVC Construction, Inc. v. Treadway
In MVC Construction, Inc. v. Treadway, 182 Ariz. 615, 898 P.2d 993 (App. 1995), the ROC disciplined MVC based upon a complaint filed by Treadway, and MVC appealed the decision to the superior court. Id. at 617, 898 P.2d at 995.
The superior court reversed the ROC's decision but denied MVC's request for attorneys' fees against the ROC and Treadway. Id. at 617-18, 898 P.2d at 995-96. MVC appealed to the Court, arguing it was entitled to fees under both 12-348(A) and 12-341.01(A). Id. at 618, 898 P.2d at 996.
The Court affirmed the superior court's denial of fees under 12-348, and then turned to MVC's 12-341.01(A) argument, stating:
"If we assume that Appellant sufficiently raised this issue in superior court, and further assume, for purposes of this appeal, that this was an action arising out of contract, we find no abuse in the trial court exercising its discretion in refusing to award attorneys' fees against Treadway." Id. at 620-21, 898 P.2d at 998-99.