concerning the Omitted Parcel and the Quarry Property, the court should determine anew which party, if any, is the prevailing party entitled to an award under the fee provisions. In doing so, the court should apply the “percentage of success factor” or the “totality of the litigation” test. Assuming the court finds either party prevailed, it must enter an award for a reasonable amount of attorney’s fees. Attorney’s fees on appeal ¶ 38 Both parties ask for an award of attorney’s fees expended on appeal pursuant to the fee provisions in the Agreements. In light of our decision, neither party has yet “prevailed” in the litigation. We therefore deny both requests. See Desert Mountain Props. Ltd. P’ship v. Liberty Mut. Fire Ins. Co., 225 Ariz. 194, 213, ¶ 81, 236 P.3d 421, 440 (App.2010) (<HOLDING>). On remand, however, the court should award
holding that a defendant is the prevailing party within the meaning of statutory provisions awarding attorneys fees to the prevailing party even when the plaintiff voluntarily dismisses the action holding that successful party is one who is the ultimate prevailing party in the litigation holding neither party was prevailing party where appeal and crossappeal were dismissed holding that prevailing party has no standing to appeal holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees