Wednesday, January 11, 2012

PHOENIX COMPOSITES, INC. v. ROTHWEILER


PHOENIX COMPOSITES, INC., an Arizona corporation, Plaintiff/Appellee,
v.
PAUL ROTHWEILER and ELIZABETH ROTHWEILER, husband and wife, Defendants/Appellants.
1 CA-CV 10-0887.
Court of Appeals of Arizona, Division One, Department B.

Filed: January 10, 2012.

Stone Law Firm, PLC, Richmond, VA by C. Randall Stone, Attorneys for Defendants/Appellants.
Gerstman Holden PLLC, Phoenix, by Renee Gerstman, Helen Holden, Attorneys for Plaintiff/Appellee.

THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24

MEMORANDUM DECISION

SWANN, Judge.

¶ 1 Paul and Elizabeth Rothweiler retained Phoenix Composites, Inc., to help build a kit airplane, but the Rothweilers stopped paying for the help. Phoenix Composites brought an action against the Rothweilers based primarily on an open account theory. On appeal, the Rothweilers challenge the judgment entered in favor of Phoenix Composites as well as the award of attorney's fees the company received. Because we find sufficient evidentiary support for liability on an open account theory, we affirm the trial court's judgment. In addition, we uphold the trial court's award of attorney's fees under A.R.S. § 12-341.01(A). We also award Phoenix Composites fees on appeal.

FACTS AND PROCEDURAL HISTORY

¶ 2 Paul Rothweiler ("Paul") is the owner of a partially built Lancair 320 experimental kit aircraft (the "Aircraft"). Paul initially worked on the Aircraft himself.

¶ 3 Phoenix Composites is in the business of maintaining, repairing, and helping to build experimental aircraft. During 2006, Paul met with Heath L'Hoste, the shop foreman and lead mechanic at Phoenix Composites, and Rob Huntington, the company's sales and marketing representative, to discuss the Aircraft's condition and whether Phoenix Composites could provide assistance.

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