Cited by

§ 12-341.01(A), the court lacks discretion to refuse to award fees under [a] contractual provision.” ()), neither party has yet prevailed on the merits of the question of whether the MSA was violated.

see also Heritage Heights Home Owners Ass’n v. Esser, –34 (App. 1977) (“Having found the restriction valid and having required its enforcement, the trial court was obliged by the contract to assess attorneys’ fees and costs in favor of the enforcing party.”).

(stating that an appellate court will defer to a superior court’s fee award in part because of “the trial court’s superior understanding of the litigation”) (cleaned up).

– 71 (1985); (contract fee provisions enforced by their terms); Berry v. 352 E. Virginia, L.L.C., –14, ¶¶ 21–24 (App. 2011) (discretionary “prevailing party” assessment).

(“A contractual provision for attorneys’ fees will be enforced according to its terms.”).

Ass'n, ¶ 14 (App. 2007); (“Unlike fees awarded under A.R.S.

incurred by Beneficiary in protecting or enforcing its rights under this Deed.” The court found that because Defendants’ “fees were incurred ‘protecting or enforcing its rights under [the] Deed of Trust,” the court lacked discretion to deny the request because it was “contractually authorized.”

(internal citation and quotation omitted).

“A contractual provision for attorneys’ fees will be enforced according to its terms.” see also Grubb & Ellis Mgmt.

rial court is in a superior position to evaluate what are essentially factual matters involving the nature of the litigation and the 15 PHOENIX v. GLENAYRE, et al. Opinion of the Court reasonableness of the parties’ corresponding efforts to defend and/or resolve the dispute, (quoting Assoc.

ees, expenses, expert witness expenses and legal costs.” When a contract includes an attorneys’ fees provision, fees are awarded “in accordance with the terms of the contract” and the trial court “lacks discretion to refuse to award fees under the contractual provision.” Heritage Heights Home Owners Ass’n v. Esser

¶ 17 We have held that “[a] contractual provision for attorneys’ fees will be enforced according to its terms.”

See City of Cottonwood, 179 Ariz. at 194-95, 877 P.2d at 293-94 (trial court has discretion to determine if claims sufficiently entwined to award attorney fees); (terms of parties’ contract guided trial court’s refusal to award attorney fees incurred in unrelated bankruptcy litigation).

§ 12-341.01(A), the court lacks discretion to refuse to award fees under the contractual provision.” , (citations omitted).

§ 12-341.01(A), the court lacks discretion to refuse to award fees under [a] contractual provision.”

Nonetheless, we hesitate to second guess the trial court on this issue “in view of the [trial court’s] superior understanding of the litigation and the desirability of avoiding frequent appellate review of what are essentially factual matters.” , (quoting Associated Indem.