Court of Appeals of Arizona August 10, 2007, 1 CA-CV 05-0296 (MCDOWELL MOUNTAIN RANCH COMMUNITY ASS'N v. Simons)

OROZCO, Judge,

dissenting.

¶ 25 I respectfully dissent from the majority opinion and their reliance on Elson and Heritage Heights to support their holding that “the trial court may conduct a hearing to consider any evidence offered by Simons, then enter an award to the Association of all of its attorneys’ fees that were properly incurred in this matter except as to those fees the court expressly