Monti v. Monti
In Monti v. Monti, 186 Ariz. 432, 433, 924 P.2d 122, 123 (App. 1996) a conservatorship proceeding, the Court applied Mark Lighting Fixture Co. v. General Electric Supply Co in the context of post-judgment orders granting motions for attorneys' fees filed pursuant to A.R.S. 12-349(A)(1) one day before the final judgment was entered.
The Court determined that Mark Lighting Fixture Co. v. General Electric Supply Co should apply to "all claims for attorneys' fees in Arizona, unless a rule of procedure or statute otherwise provides." Id.
Noting that Arizona, unlike many other jurisdictions, did not specify by rule or statute "when a motion for attorneys' fees must be filed in relation to entry of final judgment," id. at 434, 924 P.2d at 124, the Court treated the judgment's silence as to the pending motion for attorneys' fees as a denial "by operation of law" and, because the claimant did not file a timely motion to amend the judgment, the Court reversed the subsequently entered judgments granting attorneys' fees. Id. at 436, 924 P.2d at 126.