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Harrington v. Pulte Home Corp.9/27/2005
hows that appellants, at the time the contract was entered, had "reason to believe" appellees would not have signed the contract had they known of the potential for arbitration fees.
The fee schedule in this case, on the record, complies with Arizona's law of reasonable expectations.
5. Attorneys' Fees on Appeal
Appellants have requested an award of attorneys' fees on appeal pursuant to A.R.S. ยง 12-341.01(A) (2003), under which fees may be awarded to the prevailing party in a matter arising out of contract. In the exercise of our discretion, we decline to award fees. Appellants may recover their appellate costs pursuant to Arizona Rule of Civil Appellate Procedure 21(a).
Conclusion
For the reasons above, we reverse and remand for proceedings consistent with this opinion. The arbitration clause here is enforceable.
DANIEL A. BARKER, Presiding Judge
CONCURRING:
MAURICE PORTLEY, Judge
SUSAN A. EHRLICH, Judge
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