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MERVYN'S, INC. v. SUPERIOR COURT, ETC.

No. 17773-SA.

144 Ariz. 297 (1985)

697 P.2d 690

MERVYN'S INC., Petitioner, v. The SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Barry G. Silverman, Judge of the Superior Court, Sandra L. Huston and Kenneth E. Huston, Real Parties In Interest, and Valley National Bank, Respondents.

Supreme Court of Arizona, In Banc.

March 28, 1985.

Attorney(s) appearing for the Case

Jerold Kaplan, Phoenix, for petitioner.

Gust, Rosenfeld, Divelbess & Henderson by James B. Wright, Phoenix, for respondents.

GORDON, Vice Chief Justice:

Petitioner brings this special action challenging the order of the respondent trial judge denying its motion for judgment against garnishee-defendant. We accepted jurisdiction under Ariz. Const. art. 6 § 5 because petitioner has no equally plain, speedy, and adequate remedy by appeal. One issue is presented: where a joint bank account is being subjected to garnishment based on a judgment against only one of the joint owners, must the...

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