Schwab Sales, Inc. v. GN Constr. Co
Schwab Sales, Inc. v. GN Constr. Co., 196 Ariz. 33, 36 P7, 992 P.2d 1128, 1131 (App. 1998), a general contractor (GN) was sued by Schwab.
The arbitrator found in favor of GN, but did not award GN its attorney's fees. Id. at 35 P2, 992 P.2d at 1130.
Schwab appealed the arbitrator's award, but GN did not.
The case was tried de novo in the superior court, who again found for GN, but also awarded GN its attorney's fees. Id.
On appeal, Schwab argued that because GN did not appeal the award of attorney's fees, the superior court was precluded from considering the issue because that portion of the arbitration award was an unappealable final order. Id. at 36 P6, 992 P.2d at 1130.
The Court upheld the trial court's award of attorney's fees to GN, and also held that when an appeal is filed after an arbitration, all issues of law and fact are revived on appeal, "as if the arbitration had never occurred." Id. at P7