Ariz. Rev. Stat. § 12-341

Section 12-341 generally allows the successful party to recover costs from its adversary; the estate may be the successful party in a will contest.

Kalkbrenner v. Anderson · filed 1965-09-10

The general statute on recovery of costs provides that the successful party shall recover from his adversary. A.R.S. § 12-341. ... The successful party was in fact the estate. ... We believe the court was correct in saying that this recovery then goes to the estate for whose benefit the costs were incurred.

Section 12-341 requires an award of costs to the successful party in a civil action; when a compulsory counterclaim is allowed, the party with the net judgment is successful.

Trollope v. Koerner · filed 1973-10-30

A.R.S. § 12-341 makes the award of costs to the successful party in a civil action mandatory, while Rule 54(f) only permits the trial court to rule, where an objection is made, on which of the enumerated costs sought by the successful party are properly recoverable. ... We hold that since the appellants’ recovery of $791.75 exceeded that of appellees’ compulsory counterclaim recovery of $500, the “net judgment” being in appellants’ favor for $291.75, the trial court erred by not awarding the “successful” appellants their costs.

Section 12-341 does not award costs to either party when both the complaint and counterclaim are denied, even if the complaint sought greater damages.

General Cable Corp. v. Citizens Utilities Co. · filed 1976-08-26

Under the facts of this case, where a complaint seeks greater damages than the counterclaim and the trial court has denied relief to both parties, we find that neither party is the “successful party” under the provisions of § 12-341. The trial court was correct in directing each to bear its respective costs.

Section 12-341 requires a successful party before costs can be awarded.

Esmark, Inc. v. McKee · filed 1978-02-14

Plaintiffs finally challenge that portion of the summary judgment which permits the defendant to “recover his costs and reasonable attorneys fees to the extent allowable under law and proven under supplemental proceeding.” Because of our resolution of the issues herein, there is as yet no successful party in the action below and the award of attorneys fees is premature.

A defendant is not the successful party entitled to costs under § 12-341 merely because third-party settlements satisfy judgments entered in the plaintiffs’ favor.

Waqui v. Tanner Bros. Contracting Co., Inc. · filed 1979-01-08

Although unquestionably “successful” in the sense that it has been relieved by the settlements from its obligation to satisfy any part of the judgments, defendant does not thereby qualify as the “successful party” within the intent of § 12-341.

Section 12-341 allows the court to identify the successful party for costs by considering the litigation as a whole, even when that party’s counterclaim was dismissed.

Nataros v. Fine Arts Gallery of Scottsdale, Inc. · filed 1980-03-20

For the time being, we are content to hold, based upon the totality of the litigation presented to the trial court, that it did not abuse its discretion in determining that in fact the defendants were the “successful party” in this particular lawsuit.

Section 12-341 requires the successful party to recover costs.

Wheel Estate Corp. v. Webb · filed 1983-12-15

The trial court ordered that each party pay their own costs. A.R.S. § 12-341 provides the successful party shall recover his costs. We remand with directions to enter judgment in favor of the appellees for the attorney fees of $1,540 and costs to be determined.

Section 12-341 requires the successful party in a civil action to recover its costs unless another law provides otherwise.

State Ex Rel. Corbin v. Arizona Corp. Commission · filed 1984-10-30

A.R.S. § 12-341 requires that costs be awarded to the successful party as follows: ... “The successful party to a civil action shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.” ... We hold that the trial judge did not abuse his discretion in awarding costs for the taking of the depositions.

Section 12-341 gives the trial court discretion to determine the successful party claim by claim in litigation involving multiple parties and claims.

Pioneer Roofing Co. v. Mardian Construction Co. · filed 1986-11-25

The trial court has discretion to determine who is the “successful party” in multiple-party litigation. ... Given the third-party posture of this litigation and its multiple parties and claims, we hold that the trial court’s method of determining who was the “successful party” as to each claim was not an abuse of discretion.

Section 12-341 provides for an award of costs to the successful party.

Burkett v. MOTT BY MARICOPA CTY. PUB. FID. · filed 1986-12-18

We affirm the trial court’s award of costs to the successful party. A.R.S. § 12-341; Trollope v. Koerner, 21 Ariz. App. 43, 515 P.2d 340 (1973).

Section 12-341 requires an award of costs to the successful party in a civil action; when neither party obtains relief, the trial court may determine from all the circumstances whether either party was successful.

Coldwell Banker Commercial Group, Inc. v. Camelback Office Park · filed 1987-01-22

A.R.S. § 12-341 provides that the “successful” party to a civil action “shall” recover costs. It is well settled that the award of costs to the “successful” party is mandatory under this statute.

Section 12-341 makes an award of costs to the successful party mandatory.

Janis v. Spelts · filed 1987-03-12

As for their entitlement to costs under A.R.S. § 12-341, the awarding of costs to the “successful party” is also mandatory.

A party whose action achieves neither of its stated objectives is not a successful party entitled to costs under § 12-341.

Willow Creek Leasing, Inc. v. Bartzen · filed 1987-07-21

Willow Creek’s action achieved neither of those objectives. It was therefore not a “successful party” and was not entitled to an award of costs.

Section 12-341 allows a successful taxpayer to recover costs in a property tax valuation appeal when no law provides otherwise.

Navajo County v. Four Corners Pipe Line Co. · filed 1970-06-09

The usual rule is defined by A.R. S. § 12-341 as follows: “The successful party to a civil action shall recover from his adversary all costs-expended or incurred therein unless otherwise provided by law.” ... We are unable to sustain the appellants’' arguments in this regard. The trial court was correct in allowing Four Corners the-recovery of its costs.

Section 12-341 requires an award of taxable costs to the successful party in a civil action unless otherwise provided by law.

Ellis v. NEUROLOGICAL ASSOC. OF TUCSON, PC · filed 1977-11-14

The granting of costs pursuant to A.R.S. § 12-341 is mandatory and not discretionary in the case sub judice.

Section 12-341 requires an award of taxable costs to the successful party in a civil action unless otherwise provided by law.

Ellis v. Neurological Associates of Tucson, P.C. · filed 1977-11-14

The granting of costs pursuant to A.R.S. § 12-341 is mandatory and not discretionary in the case sub judice.

Section 12-341 makes costs mandatory for a successful party, but a court may deny both sides' requests for all costs in multi-claim litigation when each side won and lost claims.

Watson Construction Co. v. Amfac Mortgage Corp. · filed 1979-10-04

We start with the proposition that awarding of costs to the successful party under A.R.S. § 12-341 is mandatory. ... In essence, both parties have taken an all or nothing position both before this court and the trial court. As we have previously indicated, this runs counter to the underlying rationale of awarding costs to the successful party. ... Under the limited circumstances presented here and because of the positions taken by the parties, we hold the trial court did not err in failing to award costs to either party.

Section 12-341 entitles a prevailing party to costs.

New Pueblo Constructors, Inc. v. State · filed 1985-02-27

However, because NPC is entitled to costs under A.R.S. § 12-341, as a prevailing party, we must reach this issue.

Section 12-341 requires an award of costs to a successful party in a civil action.

City of Phoenix v. Long · filed 1988-02-11

A.R.S. § 12-341 provides that a successful party to a civil action shall recover his costs. The assessment is mandatory. APS was successful in upholding the validity of the contract.

Section 12-341 permits an award of costs to a defendant treated as the successful party after a dismissal without prejudice, even if the plaintiff may refile.

Harris v. Reserve Life Insurance · filed 1988-05-17

We have held that when a plaintiffs complaint is dismissed because of plaintiff’s failure to prosecute, the defendant may be considered the successful party for purposes of recovering costs pursuant to A.R.S. § 12-341. The fact that the action is dismissed without prejudice and that plaintiff can refile is not relevant. ... We find the record supports the award of costs to Reserve.

Section 12-341 requires courts to award costs to the successful party, while leaving the trial judge discretion over which costs to allow.

Ahwatukee Custom Estates Management Ass'n v. Bach · filed 1999-01-28

By enacting A.R.S. § 12-341, the legislature directed courts to award the successful party its “costs,” although the trial judge retains discretion over the extent of that award.

Section 12-341 entitles the successful party to recover costs.

West Maricopa Combine, Inc. v. Arizona Department of Water Resources · filed 2001-06-05

As the prevailing party, WMC is entitled to its fees pursuant to A.R.S. § 12-348 and costs pursuant to A.R.S. §§ 12-341, -342 and Rule 21, and we award them.

Section 12-341 requires an award of costs to the prevailing party at trial.

Varsity Gold, Inc. v. Porzio · filed 2002-05-03

However, because Porzio was the prevailing party at trial, he was entitled to a mandatory award of costs pursuant to A.R.S. § 12-341. Accordingly, we reverse that portion of the judgment denying an award of costs to Porzio.

Section 12-341 allows the successful party to recover costs.

N Valley Emergency v. Hon. santana/team Physicians · filed 2004-07-14

Citing A.R.S. §§ 12-341 (2003) and 12-341.01(A) (2003), the defendants request an award of attorneys’ fees and costs. We grant the request.

Section 12-341 allows a successful party to recover costs.

Ziemak v. Schnakenberg · filed 2005-05-31

We vacate the judgment entered in favor of Schnakenberg and instruct the court to enter judgment in favor of Ziemak to include prejudgment interest and her recoverable costs pursuant to A.R.S. § 12-341.

Section 12-341 entitles a party that wins summary judgment to recover statutorily authorized costs as the successful party.

In Re Estate of Lamparella · filed 2005-06-20

Because the court granted the estate’s motion for summary judgement, the estate was the “successful party” and was entitled to recover the costs authorized by statute.

Section 12-341 permits an award of costs to the successful party; an award is premature when the case is remanded and success remains unresolved.

Johnson v. Earnhardt's Gilbert Dodge, Inc. · filed 2006-04-25

Earnhardt requests an award of reasonable attorneys’ fees and costs under A.R.S. §§ 12-341, -341.01 (2003). Those statutes permit an award of fees and costs to the “successful party.” Id. §§ 12-341, -341.01. Because we remand this case, Earnhardt has not prevailed, making an award of fees premature.

Section 12-341 entitles the prevailing party to an award of taxable costs.

State Farm Mutual Automobile Insurance v. Connolly · filed 2006-05-04

Trista, as the prevailing party, is also entitled to an award of taxable costs under A.R.S. § 12-341.

Section 12-341 allows a third-party defendant whose claims were dismissed by stipulation to be considered a successful party for an award of costs.

Fulton Homes Corp. v. BBP CONCRETE · filed 2007-04-24

Thus, even if we accept Fulton’s characterization that the homeowners “abandoned” their faulty workmanship claims in this case, leading to the stipulated dismissal, we see no reason to conclude, as a matter of law, that the third-party defendants may not be considered to be “successful parties” pursuant to A.R.S. §§ 12-341 and — 341.01.

Section 12-341 requires an award of costs to the successful party.

Multari v. Gress · filed 2007-04-24

The awarding of costs to the successful party pursuant to A.R.S. § 12-341 is mandatory.

Section 12-341 allows the successful party in a civil action to recover costs.

Airfreight Express Ltd. v. Evergreen Air Center, Inc. · filed 2007-05-21

Evergreen’s request for costs pursuant to A.R.S. § 12-341 is denied because it is not “[t]he successful party to [this] civil action.”

Section 12-341 entitles the prevailing party to recover costs.

RACKMASTER SYSTEMS, INC. v. Maderia · filed 2008-06-24

Also, the Maderias are prevailing parties and are entitled to their costs pursuant to A.R.S. § 12-341 (2003).

Section 12-341 allows a successful party to recover costs.

Turken v. Gordon · filed 2009-06-01

In the exercise of our discretion, we grant Appellants reasonable attorneys’ fees under the private attorney general doctrine, and their costs under A.R.S. § 12-341 (2003), upon their compliance with the procedures outlined in Rule 21, Ariz.R.Civ.App.P.

Section 12-341 requires an award of all recoverable costs to the successful party; after reversal of an earlier judgment, the trial court must consider taxable costs incurred through its new final decision.

AIDA RENTA TRUST v. Maricopa County · filed 2009-07-22

Section 12-341 mandates an award of all recovei'able costs to the “successful pai’ty to a civil action.” ... We vacate the costs award and remand so that the trial court may consider all taxable statutory costs incurred since the action was filed and before the trial court’s decision was final.

Section 12-341 mandates an award of taxable costs to the successful party in a civil quo warranto proceeding.

State v. Macias · filed 1989-06-27

Because this proceeding was civil in nature, we believe A.R.S. § 12-341 mandates the award of costs.

In a single-claim suit for monetary damages, a plaintiff who recovers some relief is the successful party entitled to all allowable costs, even when comparative negligence reduces the award.

Ayala v. Olaiz · filed 1989-07-06

None of these cases, however, disaffirms the general rule that a party receiving some, albeit less than all, of the relief requested in a one-claim suit for monetary damages is the successful party, and as a matter of law, is entitled to all allowable costs under A.R.S. § 12-341.

Section 12-341 permits an award of costs to a party found successful under the totality of the litigation, even when the opposing party wins a smaller claim.

Schwartz v. Farmers Ins. Co. of Arizona · filed 1990-10-23

The trial court held that, based upon the “totality of the litigation,” Farmers was the successful party in this case, and awarded Farmers a portion of its attorney’s fees and all of its costs incurred in the defense of both claims. Under the circumstances of this case, we do not believe that the trial court abused its discretion in awarding attorney’s fees and costs to Farmers.

A plaintiff who wins a jury verdict and damages is the successful party entitled to costs even if a prior settlement offsets the entire damages award.

McEvoy v. Aerotek, Inc. · filed 2001-11-20

We agree with the reasoning of the courts that have held that a plaintiff is the prevailing party when a jury reaches a verdict in favor of the plaintiff and awards damages, even if the entire amount of damages awarded is offset by a prior settlement.

Section 12-341 allows the successful party to recover costs.

North Valley Emergency, Specialists, L.L.C. v. Santana · filed 2004-07-14

¶ 29 Citing A.R.S. §§ 12-341 (2003) and 12-341.01(A) (2003), the defendants request an award of attorneys’ fees and costs. We grant the request.

Section 12-341 does not entitle either side to costs when neither is a successful party.

Smith v. Pinnamaneni · filed 2011-04-28

Further, because neither side is a “successful party,” neither is entitled to costs. A.R.S. § 12-341 (2003).

Section 12-341 allows taxable costs on appeal to a successful party; when both sides succeed and fail in equal measure, neither receives costs.

Murphy Farrell Development, LLLP v. Sourant · filed 2012-02-16

Applying the “totality of the litigation test,” we conclude neither party is the “successful ... party” on appeal entitled to taxable costs as both were successful and unsuccessful in equal measure.

Section 12-341 allows a party that succeeds on a claim to recover taxable costs despite obtaining only partial success.

Stagecoach Trails MHC, L.L.C. v. City of Benson · filed 2012-05-31

Because Stagecoach Trails had successfully challenged the board's ruling, we do not disturb the superior court's award of costs. See A.R.S. § 12-341; see also Henry v. Cook, 189 Ariz. 42, 43, 938 P.2d 91, 92 (App.1996) (party who succeeds on some, albeit fewer than all, claims "sufficiently successful” to recover all allowable costs); Ayala v. Olaiz, 161 Ariz. 129, 132, 776 P.2d 807, 810 (App.1989) (party obtaining partial success entitled to all taxable costs).

Section 12-341 entitles prevailing parties to an award of costs on appeal, subject to compliance with ARCAP 21.

TP Racing, L.L.L.P. v. Simms · filed 2013-07-25

As the prevailing parties, they are entitled to an award of costs under A.R.S. § 12-341, upon compliance with ARCAP 21.

Section 12-341 entitles the prevailing party to an award of costs.

Hawk v. PC Village Ass'n · filed 2013-09-03

As the prevailing parties, the Hawks are also entitled to an award of costs under A.R.S. § 12-341.

Section 12-341 entitles the prevailing party to recover costs.

Kobold v. Aetna Life Insurance · filed 2013-09-05

As the prevailing party, Ko-bold is entitled to an award of costs pursuant to A.R.S. §§ 12-341 and-342, upon his compliance with ARCAP 21.

Section 12-341 entitles the successful party to recover costs.

Terterova v. byous/nestor · filed 2014-04-03

As the prevailing parties, Defendants are entitled to an award of costs under A.R.S. § 12-341 upon their compliance with ARCAP 21.

Section 12-341 entitles a successful party to costs on appeal, subject to compliance with appellate procedure.

Caruthers v. Underhill · filed 2014-04-03

Plaintiffs have not requested attorney’s fees, but they are entitled to their costs under AR.S. § 12-341, subject to their compliance with ARCAP 21.

Section 12-341 authorizes an award of costs to the prevailing party.

Geico General Insurance v. Tucker · filed 2014-09-08

Tucker asks for an award of costs and reasonable attorney’s fees for defending this lawsuit under A.R.S. § 12-341 (authorizing the award of fees to the prevailing party), 12-341.01 (additionally authorizing the award of reasonable attorney fees in contract actions). The Arizona Court of Appeals and Supreme Court both granted fees and costs in GEICO’s previous unsuccessful litigation of this same theory. (Docs. 26-3, 26-4.) The request for costs and attorney’s fees is granted.

Section 12-341 requires an award of costs to the successful party in a civil action, including a party that succeeds on a motion to dismiss.

AD HOC COMMITTEE OF PARISHIONERS v. Reiss · filed 2010-02-23

Unlike § 12-341.01, the award of costs to the successful party is mandatory. ... The Board was the successful party because the court granted its motion to dismiss and denied the Committee's motion for new trial and motions to amend. Therefore, the trial court erred in not awarding the Board its costs of $191.00.

Section 12-341 requires an award of costs to the successful party in a civil action.

Ad Hoc Committee of Parishioners of Our Lady of Sun Catholic Church, Inc. v. Reiss · filed 2010-02-23

Arizona Revised Statute § 12-341 specifies that “[t]he successful party to a civil action shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.” AR.S. § 12-341 (2003). Unlike § 12-341.01, the award of costs to the successful party is mandatory.

Section 12-341 allows the prevailing party on appeal to recover costs.

Keland v. Moore · filed 2014-10-14

Both parties seek an award of costs and attorneys’ fees on appeal pursuant to A.R.S. §§ 12-341, -349. As the prevailing party, Tres is awarded costs upon compliance with ARCAP 21.

Section 12-341 entitles the prevailing party to recover taxable costs on appeal upon compliance with the appellate rule for claiming them.

Atkinson v. McIndoo · filed 2015-01-08

However, as the prevailing party, Father is entitled to reimbursement of his taxable costs upon compliance with ARCAP 21(a). See A.R.S. § 12-341.

Section 12-341 requires the successful party in a civil action to recover costs unless another law provides otherwise.

Phoenix v. Cortes · filed 2015-01-15

While A.R.S. § 12- 341.01 permits an award of fees in the court’s discretion, fees and costs are mandatory under A.R.S. §§ 12-341 and -1178(A).

Section 12-341 entitles the successful party to costs on appeal; a party who did not prevail is not the successful party.

Baker v. Meyer · filed 2015-04-03

We likewise decline his request for costs, as he has not prevailed on appeal and, therefore, is not the “successful party” under A.R.S. § 12-341.

Section 12-341 requires a successful party before costs can be awarded.

Allen v. scf/morris · filed 2015-06-23

Both sides request costs and attorneys’ fees on appeal pursuant to A.R.S. §§ 12-341, 12-341.01 (2003). We decline to award fees. There is at this time no successful party.

Section 12-341 allows a party who prevails on a claim for prejudgment interest to recover taxable costs on appeal as the successful party.

monroe/pirtle v. Gagan · filed 2015-06-25

Because Monroe prevailed on his claim for prejudgment interest, we will award taxable costs to Monroe as the successful party.

Section 12-341 requires an award of taxable costs to the successful party, and the trial court has discretion to determine who that party is.

Eick v. Delta · filed 2015-10-15

The language of A.R.S. § 12-341 is mandatory, and the trial court has no discretion to deny costs to the successful party. Roddy v. Cty. of Maricopa, 184 Ariz. 625, 627 (App. 1996). The court does, however, have discretion in determining the successful party.

Section 12-341 does not award costs on appeal to a party who did not prevail.

Berry v. Decker · filed 2015-10-15

Because he did not prevail, his request is denied. See A.R.S. § 12-341.

Section 12-341 allows the successful party to recover costs at trial and on appeal.

Skydive Arizona, Inc. v. Hogue · filed 2015-10-22

After considering Hogue’s request and Skydive Arizona’s opposition, the court was within its discretion to award fees, costs, and expenses to Hogue, the successful party.

Section 12-341 entitles a successful party to recover taxable costs expended in the civil action.

Lockerby v. Pima County · filed 2016-03-24

A successful party in a civil action is entitled to recover all “costs expended” during the civil suit. A.R.S. § 12-341. “Costs” are defined as “taxable costs,” including the fees of “officers and witnesses.” A.R.S. § 12-332(A). Filing fees and fees of process servers related to this action are properly included in this calculation.

Section 12-341 authorizes an award of costs to the successful party after compliance with appellate procedures.

First United v. La Jolla · filed 2016-04-19

FUF is awarded its attorneys’ fees pursuant to A.R.S. § 12-341.01 (2008) and its costs pursuant to A.R.S § 12-341 (2008) after compliance with ARCAP 21.

Section 12-341 awards costs on appeal to the successful party overall.

Martinez v. Martinez · filed 2016-04-28

Father requests an award of his costs on appeal pursuant to A.R.S. § 12-341 (2016). We deny Father’s request for costs on appeal because he was not the successful party overall.

A party granted relief in a special action is entitled to taxable costs under § 12-341 upon compliance with ARCAP 21.

Sunburst v. Hon. gama/halt · filed 2016-05-31

Additionally, in light of our decision to grant relief, we deny the Halts’ request for taxable costs. See A.R.S. § 12-341 (West 2016). However, Sunburst is entitled to its costs upon compliance with ARCAP 21.

Section 12-341 permits an award of appellate costs to a successful party; when neither party succeeds on appeal, neither receives costs.

Lee v. ING Investment Management, LLC · filed 2016-06-16

We conclude that neither Lee nor IIM prevailed in this appeal. Because neither side was “successful” under A.R.S. § 12-341.01 or § 12-341, we decline to award attorney fees or costs on appeal to either party.

Section 12-341 permits the successful party to recover taxable costs.

Halt v. Gama · filed 2015-10-20

The Halts request attorneys’ fees and costs incurred before the trial court opposing Sunburst’s fee request and judgment following the mandate and in this special action pursuant to A.R.S. §§ 12-341 and -341.01 upon compliance with Rule 21. In our discretion, we deny their request for fees, but grant their request for taxable costs.

Section 12-341 requires an award of costs to the successful party in a civil action, while leaving the trial court discretion to determine which party succeeded.

Tucson Estates Property Owners Association, Inc. v. McGovern, Sines · filed 2016-01-15

In view of its ruling on the merits that denied all of TEPOA’s requested relief and the mandatory requirement of A.R.S. § 12-341, the court erred in failing to award Appellants their costs.

Section 12-341 does not allow a party that is unsuccessful on appeal to recover costs.

Summit v. Rees · filed 2016-07-28

Because Summit is not the successful party, its claim for costs and attorneys’ fees is denied. See A.R.S. § 12-341.

Section 12-341 allows appellate costs to the successful party, subject to compliance with Rule 21.

Levine v. phoenix/suns · filed 2016-09-29

Levine is not the prevailing party, however, and we deny his request. Pursuant to A.R.S. § 12-341, we award costs to SLP and the City upon compliance with Rule 21, ARCAP.

Section 12-341 provides for an award of costs to the successful party on appeal.

Jokobov v. Dekermendjian · filed 2016-10-27

As the successful party on appeal, we award Jokobov costs pursuant to A.R.S. § 12-341 (2016) and reasonable attorneys’ fees pursuant to A.R.S. § 12-341.01(A), contingent upon his compliance with ARCAP 21.

Section 12-341 permits a successful party to recover taxable costs on appeal.

Atr v. Cec · filed 2016-11-10

ATR also is awarded its taxable costs on appeal pursuant to A.R.S. § 12-341.

Section 12-341 allows a party that accomplishes its goal on appeal to recover appellate costs, even without a final ruling on the merits.

Tucson Lot 4, LLC v. Sunquest Information Systems, Inc. · filed 2016-11-22

However, because TL4 is the “successful party” in that it has accomplished its goal in this appeal, we award TL4 its costs on appeal pursuant to A.R.S. § 12-341, pending compliance with Rule 21, Ariz. R. Civ. App. P.

Section 12-341 requires the superior court to award costs to the successful party.

Orosco v. McShcd · filed 2017-02-02

Under A.R.S. § 12-341 (2017), the superior court must award costs to the successful party.

Section 12-341 permits the court to decline costs when neither party is entirely successful.

Heroyan-Hamayak v. Hamayak · filed 2017-02-07

Neither party requests attorneys’ fees on appeal, and because we find neither party entirely successful, we decline to award costs pursuant to A.R.S. § 12-341.

Section 12-341 allows recovery of costs only by a successful party.

American Express v. Earle · filed 2017-02-07

Earle requests an award of costs and legal document preparers’ fees pursuant to A.R.S. §§ 12-341 and -341.02. Because he is not the prevailing party, we deny the request for fees and costs.

Section 12-341 does not support an award of costs on appeal when neither party prevailed.

Compassionate Care Dispensary, Inc. v. Ariz. Dep't of Health Servs. · filed 2018-01-16

Because we conclude neither party prevailed on appeal, CCD's request is denied, and we decline to award either party costs pursuant to A.R.S. § 12-341.

Section 12-341 requires a successful party before costs may be awarded; when claims are reversed and remanded for a new trial, the award is deferred.

Singh v. Malhotra · filed 2018-02-22

Because we reverse and remand the claims, there is not yet a successful party, as required by A.R.S. § 12-341, allowing for an award of costs.

Section 12-341 entitles the successful party to taxable costs.

In re In re · filed 2018-02-28

However, as the prevailing parties, they are entitled to taxable costs pursuant to A.R.S. § 12-341, subject to their compliance with Rule 21(b), Ariz. R. Civ. App. P.

Section 12-341 allows the successful party to recover costs.

Mertola LLC v. Alberto santos/arlene Santos · filed 2018-07-27

We award Santos reasonable attorney fees pursuant to the Account Agreement and costs pursuant to A.R.S. § 12-341.

Section 12-341 allows the prevailing party to recover costs, subject to compliance with appellate procedure.

Son Silver v. Sedona · filed 2018-10-30

Because they are not the prevailing party, we deny SSW’s request. In our discretion, we award reasonable attorneys’ fees and costs to Sedona pursuant to A.R.S. § 12-341, in an amount to be determined upon compliance with Arizona Rule of Civil Appellate Procedure 21.

Section 12-341 entitles the prevailing party to recover taxable costs.

Roe v. Austin · filed 2018-11-29

Lastly, as the prevailing party, Valer is entitled to taxable costs pursuant to A.R.S. § 12-341, upon compliance with Rule 21(b), Ariz. R. Civ. App. P.

Section 12-341 requires a court to award taxable costs to the successful party in a civil action.

Dbt Yuma LLC v. Ycaa · filed 2019-02-05

The court must award taxable costs to the successful party in a civil action. A.R.S. § 12-341 (2019).

Section 12-341 requires an award of costs to the successful party, while leaving the trial court discretion to decide who qualifies as successful.

Jacobs v. Mihcs · filed 2019-02-26

Although A.R.S. § 12-341 mandates a trial court award costs to the “successful party” in a civil action, the trial court has great discretion in determining the “successful party.” Democratic Party of Pima Cty., v. Ford, 228 Ariz. 545, 549, ¶ 15 (App. 2012). Here, the superior court dismissed Jacobs’ complaint with prejudice but did not award MIHCS its costs or determine it as the “successful party.” Therefore, we will not award MIHCS its costs for defending the action in superior court.

Section 12-341 allows a successful party to recover costs on appeal even without prevailing on the merits; securing vacatur and remand can make a party successful.

Johnson v. Ahccs · filed 2019-07-11

Unlike under A.R.S. § 12-348, the successful party under A.R.S. § 12-341 need not necessarily prevail “on the merits” to be awarded costs.

Section 12-341 provides costs to a prevailing party who complies with Arizona Rule of Civil Appellate Procedure 21.

Zandell v. Zandell · filed 2019-11-21

Because Father prevailed, we award him costs under A.R.S. § 12-341 upon compliance with Arizona Rule of Civil Appellate Procedure 21.

Section 12-341 allows a successful party to recover costs on appeal.

Martin v. Staheli · filed 2019-12-19

Accordingly, upon compliance with Arizona Rule of Civil Appellate Procedure 21, we award Martin’s widow costs as the successful party under A.R.S. § 12-341.

When an appeal produces a mixed result, neither party may be entitled to costs under § 12-341.

Rubens v. Rubens · filed 2019-12-19

We further find that neither party is entitled to costs pursuant to A.R.S. § 12-341.

Section 12-341 allows costs for a successful party; the court may decline to award costs when neither side has been entirely successful on appeal.

Trabucco v. Cogan · filed 2020-01-16

Because neither side has been entirely successful on appeal, we decline to award costs to either party.

Section 12-341 allows the successful party to recover taxable costs.

Wollner v. Spanish Hills · filed 2020-03-03

Moreover, the superior court appropriately awarded Spanish Hills its taxable costs under A.R.S. §§ 12-341 and 12-332 because Spanish Hills was the successful party below.

Section 12-341 allows a successful party to recover taxable costs incurred in a contested contract action.

Dishon v. Gorham · filed 2020-03-16

In addition, Plaintiffs, as the successful party in a “contested action arising out of a ... contract, express or implied,” are entitled to recover the attorneys’ fees and taxable costs ... incurred in litigating this matter. A.R.S. §§ 12-341, 12-341.01.

Section 12-341 permits recovery of costs only by a successful party; when neither party is successful, neither may recover costs.

Kasper Smoke Kastle LLC v. Atlantic Casualty Insurance Company · filed 2020-04-03

The foregoing analysis applies equally to both eas request for costs, which also turns on the existence of a successful party.

Section 12-341 allows a court to decline appellate costs when neither party was entirely successful on appeal.

Orman v. Bowers Living Trust · filed 2020-04-28

Because neither party was entirely successful on appeal, we likewise decline an award of costs. See A.R.S. § 12-341 (“The successful party to a civil action shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.”).

Section 12-341 does not allow a party who was not successful to recover costs.

Ibarra v. Gastelum · filed 2020-07-23

Because Ibarra is not the successful party, his request for costs under A.R.S. §§ 12-341 and -342 is denied.

Section 12-341 does not allow an unsuccessful appellant to recover costs on appeal.

Shea v. Az Registrar · filed 2020-11-03

SCD requests that this Court award SCD its reasonable attorneys’ fees and costs, pursuant to A.R.S. §§ 12-341 and 12-341.01, in connection with this appeal. We deny the request because SCD was not successful on appeal.

Section 12-341 awards costs to the successful party, which the court may identify by considering the litigation as a whole, including relief obtained through a consent decree.

Risas Holdings v. Tackett · filed 2020-12-01

As such, there was a reasonable basis for the court to determine Risas was the prevailing party for the purposes of defeating Defendants’ claim for attorneys’ fees and costs and awarding Risas its taxable costs. Accordingly, the court did not abuse its discretion.

Section 12-341 allows the prevailing party in a civil action to recover costs, including costs on appeal.

Tappan v. Abor · filed 2020-12-03

Tappan’s requests for attorneys’ fees and costs incurred on appeal pursuant to A.R.S. §§ 12-341 and -348 are denied. As the prevailing party on appeal, ABOR may recover its costs upon compliance with Arizona Rule of Civil Appellate Procedure 21.

Section 12-341 allows a party to recover costs only if it is successful.

National Equity v. Mwm Forever · filed 2021-01-12

Defendants seek an award of attorney’s fees and costs under A.R.S. §§ 12-341, 12-341.01 and 12-349 and Arizona Rule of Civil Appellate Procedure 21(a), while plaintiffs seek an award of fees under ARCAP 25 and A.R.S. § 12-349. For various reasons, including that they are not the successful parties, defendants’ request for fees and costs is denied.

Section 12-341 uses the net judgment to determine the successful party entitled to taxable costs in a civil action.

Mesa v. Davis · filed 2021-02-23

This net judgment inquiry addresses which party prevailed in the action at large, which is appropriate for purposes of awarding fees under § 12-341.01(A), which permits an award to the party that is successful “[i]n any contested action arising out of a contract,” or for assessing costs under § 12-341, which awards taxable costs to “[t]he successful party to a civil action.” (Emphasis added); see also Vortex Corp., 235 Ariz. at 562, ¶ 40 (describing net judgment rule for fees under A.R.S. § 12-341.01); Trollope v. Koerner, 21 Ariz. App. 43, 47 (App. 1973) (construing “successful party” based on net judgment for purposes of costs under A.R.S. § 12-341).

Section 12-341 entitles the successful party in a civil action to recover costs; when neither party clearly prevails, the court may deny costs.

Pillsbury v. Butler · filed 2021-03-25

“The successful party to a civil action ... shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.” A.R.S. § 12-341 (emphasis added). ... Because neither party has clearly prevailed on appeal, we deny both parties appellate fees and costs.

Section 12-341 allows the prevailing party to recover costs.

Maxwell v. Maguire · filed 2021-10-07

We grant costs to Maguire as the prevailing party. A.R.S. § 12-341.

Section 12-341 authorizes an award of costs to the prevailing party.

Wells Fargo v. Ramsell · filed 2021-11-23

Wells Fargo requests attorney’s fees and costs under A.R.S. §§ 12-341, -341.01(A), and 33-420. We award reasonable attorney fees to Wells Fargo under A.R.S. § 33-420(A). We also award costs to Wells Fargo as the prevailing party. Both awards depend on compliance with ARCAP 21.

The prevailing party is entitled to recover costs.

Silverdove v. Greenbank · filed 2021-12-30

As the prevailing party, Greenbank is entitled to costs and in our discretion we award him reasonable attorneys’ fees upon compliance with ARCAP 21.

Section 12-341 automatically awards costs to the successful party without requiring a separate lawsuit to recover them.

Lattin v. Shamrock Materials LLC · filed 2022-02-03

A defendant is not required to sue a plaintiff to obtain a judgment for attorney fees and costs. See A.R.S. § 12-341 (imposing automatic award of costs to the successful party); Ariz. R. Civ. P. 54(g)(1) (“A claim for attorney’s fees must be made in the pleadings or in a Rule 12 motion filed before the movant’s responsive pleading.”).

Section 12-341 entitles the prevailing party to costs on appeal.

Sadeghi v. Majaly · filed 2022-02-10

As the prevailing party, Transtyle is entitled to costs, and we award reasonable attorneys’ fees. A.R.S. §§ 12-341, -341.01; see ARCAP 21(a).

Section 12-341 entitles the successful party to recover costs.

Hettenhaus v. Jugans · filed 2022-03-15

As the successful party, Jugans is entitled to costs after compliance with Arizona Rule of Civil Appellate Procedure 21. See A.R.S. § 12-341 (successful party entitled to costs).

Section 12-341 entitles the prevailing party to recover costs upon compliance with ARCAP 21.

119 McLellan v. Bruce · filed 2022-04-19

As the prevailing party, Bruce is entitled under A.R.S. § 12-341 to recover costs upon compliance with ARCAP 21.

A party must substantially prevail to receive costs on appeal under § 12-341.

Aow v. Scythian · filed 2022-07-19

The parties also all request an award of fees and costs on appeal pursuant to A.R.S. § 12-341 and -341.01. In our discretion, we deny the requests for fees and, because neither party substantially prevailed, we decline to award costs.

Section 12-341 allows a successful party to recover costs; a party that did not prevail is not entitled to them.

Az Free Enterprise Club v. Hobbs · filed 2022-08-19

We also deny IIA’s request for costs under §§ 12-341 and -342 because it is not the prevailing party.

Section 12-341 allows the prevailing party to recover costs on appeal.

Zambrano v. M & Rc II LLC · filed 2022-09-28

As the prevailing party, we award Zambrano her costs. See A.R.S. § 12-341.

Section 12-341 entitles the successful party to recover costs.

Mills and Woods v. Weiss · filed 2022-10-04

As the successful party, Mills and Woods is entitled to costs pursuant to A.R.S. § 12-341 and in our discretion, we award it reasonable attorneys’ fees upon compliance with ARCAP 21.

Section 12-341 entitles the prevailing party to recover taxable costs.

Matthews v. Bridge III Az Onnix · filed 2022-11-10

As the prevailing parties, defendants are also entitled to recover taxable costs.

Section 12-341 does not allow a party who did not prevail on appeal to recover costs.

Zahler v. Swift Transportation · filed 2022-12-29

Zahler requests his reasonable attorneys’ fees and costs pursuant to A.R.S. §§ 12-341 and -341.01. Because Zahler is not the prevailing party on appeal, we decline his request.

Section 12-341 entitles the prevailing party to costs upon compliance with appellate Rule 21.

Planned Parenthood Arizona, Inc. v. Brnovich · filed 2022-12-30

Accordingly, in our discretion, we deny PPAZ’s request for attorney fees, but, as the prevailing party, PPAZ is entitled to its costs upon compliance with Rule 21, Ariz. R. Civ. App. P. See § 12-341.

Section 12-341 allows the successful party to recover taxable costs on appeal, subject to compliance with ARCAP 21.

Hobson v. Chen · filed 2023-02-07

Each party seeks attorneys’ fees and costs on appeal under A.R.S. §§ 12-341 and 12-341.01. Because Hobson is not the successful party, its request is denied. And because Chen is self-represented, her request for fees is denied. Chen is awarded her taxable costs contingent upon her compliance with ARCAP 21.

Section 12-341 permits the court to deny costs when a party prevails only in small part.

Dow v. Nsac · filed 2023-02-07

We decline to award costs under A.R.S. § 12-341 because DOW prevailed only in small part.

Section 12-341 provides for an award of costs to the prevailing party.

Eisen v. Coonfer · filed 2023-02-16

As the prevailing party, we award DACC its costs under A.R.S. § 12-341, and, in our discretion, reasonable attorney’s fees under A.R.S. § 12-341.01, upon compliance with ARCAP 21.

Section 12-341 does not allow a party who did not prevail to recover costs.

Anderson v. Winslow · filed 2023-05-09

Because Anderson is not the prevailing party, we deny his request for costs. See A.R.S. § 12-341.

Section 12-341 allows a successful party to recover costs; a party who is not successful cannot recover them.

Erlick v. Davis · filed 2023-05-30

Davis seeks attorneys’ fees and costs incurred on appeal under A.R.S. §§ 12-341 and -342. Because he is self-represented and has shown no basis for an award of fees, his request for fees is denied. Because he is not the successful party, his request for costs is denied.

Section 12-341 allows the successful party on appeal to recover taxable costs upon compliance with ARCAP 21.

Alulddin v. Alfartousi · filed 2023-06-27

Wife is the successful party in this appeal and may recover her taxable costs upon compliance with ARCAP 21. See A.R.S. § 12-341.

Section 12-341 entitles a prevailing party to recover costs.

Doe v. Roman Catholic Church · filed 2023-06-29

As the prevailing parties, the Diocese Defendants are entitled to their costs upon compliance with ARCAP 21. See A.R.S. § 12-341.

Section 12-341 provides for a prevailing party to recover costs on appeal, subject to compliance with ARCAP 21.

Brevetti v. Brevetti · filed 2023-07-20

As the prevailing party, we award father his costs upon compliance with ARCAP 21. See A.R.S. § 12-341.

Section 12-341 allows the prevailing party to recover taxable costs; a party that does not prevail cannot recover them.

Mayes v. Tom's Camperland · filed 2023-08-01

Both parties seek their taxable costs under A.R.S. § 12-341, and Mayes seeks his attorneys’ fees on appeal under A.R.S. § 12-341.01. Because Tom’s is not the prevailing party, its request for costs is denied. Mayes is awarded his reasonable attorneys’ fees and taxable costs contingent upon compliance with ARCAP 21.

Section 12-341 allows the prevailing party to recover costs on appeal upon compliance with the applicable appellate rule.

Bucks Financial v. Overley · filed 2023-08-29

As the prevailing party, we grant Bucks’ request for costs pursuant to A.R.S. § 12-341 upon compliance with Arizona Rule of Civil Appellate Procedure 21.

Section 12-341 allows a successful party in a civil action to recover costs; a party who did not prevail cannot recover them.

Motley v. Simmons · filed 2023-10-10

And because Father did not prevail, the court did not err in denying his request for costs. See A.R.S. § 12-341 (providing for recovery of costs for the successful party in a civil action).

Section 12-341 gives the court discretion to decide who is the successful party for purposes of awarding taxable costs.

Panto v. Sines · filed 2023-11-21

The court also has discretion to determine who is the successful or prevailing party for purposes of awarding costs under A.R.S. § 12-341. See Nataros v. Fine Arts Gallery of Scottsdale, Inc., 126 Ariz. 44, 49 (App. 1980) (affirming the superior court’s determination of successful party “based upon the totality of the litigation presented”). Landlords do not show that the court abused its discretion in finding they were not successful parties. We affirm the denial of their taxable costs claim.

Section 12-341 does not allow a party who did not prevail on appeal to recover appeal costs.

Stevenson v. Arizona · filed 2023-12-05

Stevenson requests his costs and fees on appeal under A.R.S. §§ 12-341, 12-348(A)(2), and 41-1007. We decline the request because he did not prevail on the appeal.

Section 12-341 allows a prevailing party to recover taxable costs on appeal.

Beck v. Neville · filed 2024-01-09

We award the Becks’ taxable costs as the prevailing parties and grant their request for reasonable attorney fees incurred on appeal pursuant to A.R.S. §§ 12-341 and 12-1103, subject to compliance with Arizona Rule of Civil Appellate Procedure 21.

Section 12-341 does not allow a party to recover costs on appeal when the party did not prevail.

Potter v. Arizona House · filed 2024-02-01

Potter requests his costs on appeal under A.R.S. §§ 12-341, 12-349(A)(1), (2), (3), and 39-121.02(B). We decline the request because he did not prevail on appeal.

Section 12-341 allows the prevailing party to recover costs.

Mason v. La Glorieta · filed 2024-04-02

The cited statues allow a prevailing party to recover costs and permit a court to award attorneys’ fees in suits arising from contracts. A.R.S. § 12-341 (costs); A.R.S. § 12-341.01(A) (attorneys’ fees). As the prevailing party, the HOA could recover both attorneys’ fees and costs. The court did not abuse its discretion.

Section 12-341 provides for an award of costs to the successful party.

Gonzalez v. Arrellano · filed 2024-05-30

Pursuant to A.R.S. § 12-341, Husband is awarded his costs following compliance with Rule 21.

Section 12-341 entitles the prevailing party to costs upon compliance with the applicable appellate procedure.

Giersz v. Walmart · filed 2024-05-30

As the prevailing party, Walmart is entitled to costs upon compliance with ARCAP 21(b). See A.R.S. § 12-341.

Section 12-341 authorizes an award of taxable costs to a successful party.

Arizona Right to Life v. Fontes · filed 2024-08-20

IT IS FURTHER ORDERED granting the request by Defendant/Appellee Arizona for Abortion Access for taxable costs under A.R.S. §§ 12-341 and 12-342.

Section 12-341 allows the successful party to recover costs.

Knight v. Hogue · filed 2024-09-26

We grant the Desert Lakes Defendants their reasonable attorneys’ fees and costs pursuant to A.R.S. §§ 12-341 and 12-341.01, subject to their compliance with ARCAP 21.

Section 12-341 allows a party to recover costs on appeal only if it is the prevailing or successful party.

Saguaro v. State · filed 2024-10-01

Saguaro requests costs pursuant to A.R.S. § 12-341 and attorneys’ fees pursuant to A.R.S. § 12-348(A)(4), (7). Because it is not the prevailing or successful party in this appeal, we deny the request.

Section 12-341 permits a successful party to recover costs on appeal.

Chayce v. Path Construction · filed 2024-10-22

Path may recover its costs under A.R.S. § 12-341 upon compliance with ARCAP 21.

Section 12-341 allows the successful party on balance in an appeal to recover reasonable costs upon compliance with ARCAP 21.

Covington v. Neumann · filed 2024-11-12

Neumann requests her attorney’s fees on appeal under A.R.S. § 12-341.01 and her costs under A.R.S. § 12-341. Neumann is the successful party on balance in this appeal. Because this appeal is a “contested action arising out of a contract,” we award Neumann her reasonable attorney’s fees under A.R.S. § 12-341.01. We also award Neumann her reasonable costs upon compliance with ARCAP 21.

Section 12-341 entitles the successful party to recover costs on appeal independently of sanctions.

Danko v. Gorski · filed 2024-12-19

She also is independently entitled to recover her costs as the successful party under A.R.S. § 12-341.

Section 12-341 permits an award of appellate costs to the successful party upon compliance with the applicable appellate rule.

Strickland v. Calton · filed 2025-01-07

This Court awards costs to Calton and CAI upon compliance with Arizona Rule of Civil Appellate Procedure 21.

Section 12-341 allows the successful party on appeal to recover costs upon compliance with ARCAP 21.

Williams v. Williams · filed 2025-01-21

Since appellees are the successful party on appeal, they meet the requirement in A.R.S. § 12-341, and we award them costs upon compliance with ARCAP 21.

Section 12-341 does not award costs to a party that was not successful.

Aroca v. Tang Investment · filed 2025-03-31

We also decline Tang’s request for attorney fees and costs pursuant to A.R.S. §§ 12-341, -341.01, as Tang is not the successful party.

Section 12-341 allows the successful party to recover taxable costs.

Arizona for Abortion Access v. Montenegro · filed 2025-04-03

The Committee also requests its taxable costs on appeal under A.R.S. §§ 12-341, -342. Because the Committee is not the successful party in this action, we deny its request for attorney fees and costs.

Section 12-341 does not entitle a party to appellate costs when the court affirms part of the judgment but vacates and remands other claims.

Weber v. Kory · filed 2025-04-17

Appellees seek attorney fees and costs on appeal under A.R.S. §§ 12-341, -341.01.A, and Rule 21, Arizona Rules of Civil Appellate Procedure. Because the court affirms in part and vacates in part, the court denies appellees’ request for attorney fees and costs on appeal.

Section 12-341 allows a successful party to recover costs; when both sides prevail in part on appeal, the court may leave each side to bear its own costs.

Martinez v. Blake · filed 2024-04-11

Blake requests his attorneys’ fees and costs on appeal under A.R.S. §§ 12-341, -341.01, and -342. We deny his request. ... Because each side prevailed in part, the parties shall bear their own costs on appeal.

Section 12-341 allows the prevailing party to recover costs; a party who does not prevail cannot recover them under the section.

Potter v. Ehrich · filed 2024-09-10

Because Potter is not the prevailing party, we deny his request under A.R.S. § 12-341.

Section 12-341 requires an award of costs to the successful party in a civil action unless another law provides otherwise.

LEGACY CARES, INC. · filed 2025-07-15

A.R.S. § 12-341 states, “The successful party to a civil action shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.” Accordingly, this Court awards Kearney recovery of its costs incurred with respect to this contested matter.

Section 12-341 allows successful parties to recover their costs on appeal.

Horne v. Hobbs · filed 2025-07-17

We similarly grant the defendants their costs under A.R.S. § 12-341.

Section 12-341 provides taxable costs on appeal to a party the court determines was successful, subject to compliance with ARCAP 21.

Dkc Group v. Fortiline · filed 2025-09-25

This Court, in its discretion, determines that DKC is the successful party on appeal. Accordingly, this Court awards DKC its taxable costs incurred on appeal only against Fortiline, A.R.S. § 12-341, contingent upon its compliance with ARCAP 21.

Section 12-341 entitles defendants who obtain dismissal of a complaint to taxable costs.

Smith v. Reynolds · filed 2025-09-30

Having achieved dismissal of the complaint against them, Defendants were entitled to an award of costs under A.R.S. § 12-341.

Section 12-341 uses the net judgment rule to identify the successful party for costs when opposing monetary claims and counterclaims arise from the same facts.

Gipson v. Shinnick · filed 2025-10-03

For these reasons, the superior court erred in finding Rental Renovators was the “successful party” under A.R.S. §§ 12-341 and -341.01(A) as to Gipson.

Section 12-341 entitles the successful party to an award of costs upon compliance with ARCAP 21.

Bennett v. Bennett · filed 2025-10-23

However, as the successful party, Husband is entitled to an award of costs upon compliance with ARCAP 21. A.R.S. § 12-341.