Sweis v. Chatwin
In Sweis v. Chatwin, 120 Ariz. 249, 585 P.2d 269, (App. 1978), a special action proceeding regarding a civil bond, the parties possessed a contract provision similar to that of the Purchase Agreement.
The Sweis contract provided: "Judicial or Arbitration Proceedings . . . the successful or prevailing party shall be entitled to recover from the other party or parties, all costs of such judicial or arbitration proceedings, including reasonable attorney's fees." Id. at 251 n.2, 585 P.2d at 271 n.2.
The court found that 12-341.01 was "inapplicable to the litigation here involved, inasmuch as the parties have provided in their contract the conditions under which attorney's fees may be recovered." Id. at 252, 585 P.2d at 272.