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YAVAPAI COUNTY v. SUPERIOR COURT

No. 1 CA-CIV 1506.

13 Ariz. App. 368 (1970)

476 P.2d 889

YAVAPAI COUNTY, a political subdivision of the State of Arizona, John J. Pruitt, M.E. Rohrer, Bert Owens, Board of Supervisors of Yavapai County, Ersel Garrison and Jennie Garrison, his wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF YAVAPAI, the Honorable Jack L. Ogg, Judge Thereof, Lovene Inscho and Stella Inscho, his wife, Ray Steele and Art Tevis and Diana R. Tevis, his wife, Respondents.

Court of Appeals of Arizona, Division 1, Department B.

November 23, 1970.

Attorney(s) appearing for the Case

Favour & Quail, by Keith F. Quail, Prescott, for petitioners.

Boyle & Brown, by Raymond W. Brown, Prescott, for respondents, Lovene Inscho and Stella Inscho.

Meyers & Garbarino, by William J. Meyers, Gerald Thomas, Kenneth Lincoln, Flagstaff, for respondents, Ray Steele, Art Tevis and Diana R. Tevis.

EUBANK, Presiding Judge.

The petitioners in this original special action proceeding, who are defendants in two substantially identical lawsuits which were properly consolidated for trial in the Superior Court of Yavapai County without objection by any party, challenge a subsequent order of the respondent trial judge which in effect "de-consolidated" the two actions in order to grant to the plaintiffs in one of the two lawsuits a post-consolidation motion for change...

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