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CHARTONE, INC. v. BERNINI

Nos. 2 CA-SA 2003-0107, 2 CA-SA 2003-0108.

83 P.3d 1103 (2004)

207 Ariz. 162

CHARTONE, INC., Petitioner, v. The Honorable Deborah BERNINI, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Ronald D. Mercaldo, Ltd., a professional corporation; Louis C. Webb, P.C., a professional corporation; Durazzo & Eckel, P.C., a professional corporation; and Smart Professional Photocopy Corporation, a California corporation, Real Parties in Interest. Smart Professional Photocopy Corporation, a California corporation, Petitioner, v. The Honorable Deborah Bernini, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Ronald D. Mercaldo, Ltd., a professional corporation; Louis C. Webb, P.C., a professional corporation; Durazzo & Eckel, P.C., a professional corporation; and Chartone, Inc., Real Parties in Interest.

Court of Appeals of Arizona, Division Two, Department B.

February 6, 2004.

Attorney(s) appearing for the Case

Fennemore Craig By Andrew M. Federhar, Theresa Dwyer, and Lori A. Higuera, Phoenix, for Petitioner ChartOne.

Anson, Lammers & Barkley, P.C. By Stephen M. Barkley and Mark D. Lammers, Tucson, for Petitioner Smart Professional Photocopy Corporation.

Mesch, Clark & Rothschild, P.C. By Douglas H. Clark, Jr., Scott H. Gan, and Gary J. Cohen, Tucson, for Real Parties in Interest Ronald D. Mercaldo, Ltd.; Louis C. Webb, P.C.; and Durazzo & Eckel, P.C.

OPINION

ESPINOSA, Chief Judge.

¶ 1 In these consolidated special actions, petitioners ChartOne, Inc. and Smart Professional Photocopy Corporation (collectively, defendants) ask us to determine the scope of a trial court's authority under article VI, § 24 of the Arizona Constitution and Rule 53, Ariz. R. Civ. P., 16 A.R.S., Pt. 1, to appoint a special master. Specifically, the primary issue in this case is whether a trial court may, in the...

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