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eBook details

• Title: Valenzuela V. Brown
• Author : Arizona Court of Appeals
• Release Date : January 09, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

In this special action we are asked to decide whether a party is entitled to a peremptory change of Judge under Ariz. R. Civ. P. 42(f)(1)(E), 16 A.R.S., after the dismissal of the party's case by summary judgment has been reversed on appeal. We answer that question in the affirmative and necessarily conclude that the respondent trial Judge abused his discretion in denying petitioners that right. Petitioners have no "equally plain, speedy, and adequate remedy by appeal," Ariz. R. P. Spec. Action 1 and 4, 17B A.R.S., and a special action is the proper method for obtaining review of the denial of a change of Judge. Mann v. Superior Court, 905 P.2d 595, 202 Ariz. Adv. Rep. 39 (Ct. App. Oct. 31, 1995);  Scarborough v. Superior Court , 181 Ariz. 283, 889 P.2d 641 (App. 1995). We accept jurisdiction and grant relief.

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