Wagenseller v. Scottsdale Memorial Hospital ( 1985 )

HOLOHAN, Chief Justice,

specially concurring and dissenting.

I concur with the principles set forth in the majority opinion, but I disagree that plaintiffs attorney should be allowed attorney’s fees for services on the petition for review.

This is not an instance when counsel was confused about proper procedure. Plaintiff’s counsel failed to request attorney’s fees in the Court of Appeals in the manner required by Rule 21, Rules of Civil Appellate Procedure. If a timely request for attorney’s fees had been made in the Court of Appeals, I could agree that there was diligence by counsel, and the confusion about the manner of applying for fees on review deserved our special consideration. The record in this case does not support our giving any special consideration to counsel. I would deny the request for attorney’s fees.