ABOUD v. FENTON

No. 2 CA-CIV 812.

12 Ariz. App. 44 (1970)

467 P.2d 756

John ABOUD, Petitioner, v. Hon. Norman S. FENTON, Judge of Superior Court of State of Arizona in and for County of Pima; and Superior Court of the State of Arizona in and for the County of Pima, Hon. Robert O. Roylston, Presiding Judge thereof; and Hon. James M. Howsare, Commissioner of Superior Court of State of Arizona in and for the County of Pima; and Clarence L. Harrington, Jr., as administrator of the Estate of Clarence L. Harrington, Sr., Deceased, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 16, 1970.

Review Denied June 30, 1970.


Attorney(s) appearing for the Case

John Aboud, Tucson, for petitioner.

A. Alan Hanshaw, Tucson, for respondent Clarence L. Harrington, Jr., Administrator of the Estate of Clarence L. Harrington, Sr., deceased.


HATHAWAY, Judge.

The petitioner in this special action proceeding challenges the superior court's refusal to execute a written order confirming the sale of certain real property to him. He contends that, in refusing such order and directing that a new sale be conducted, the lower court is proceeding without or in excess of its jurisdiction. In support of his position, he relies on A.R.S. § 14-598, subsec. B, which provides:

"If it appears to the court...

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