HOFSTRA v. MAHONEY

No. 1 CA-CIV 1999.

18 Ariz. App. 4 (1972)

499 P.2d 735

Peter R. HOFSTRA, Petitioner, v. The Honorable T.J. MAHONEY, Judge of the Superior Court, and Margery E. Hofstra, Respondents.

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

Rehearing Denied August 29, 1972.

Review Granted October 17, 1972.


Attorney(s) appearing for the Case

Head, Cline & Toci, P.C., by Donald R. Head, Prescott, for petitioner.

James H. Green, Jr., Phoenix, for respondents.


HAIRE, Chief Judge, Division 1.

In this special action proceeding we are asked to decide whether the respondent judge exceeded his jurisdiction by refusing to honor a "Notice of Change of Judge" filed by a party seeking modification of the alimony provisions of a divorce decree previously entered by the same respondent judge.

The relevant facts are as follows. On January 30, 1969, a judgment and decree of divorce was entered by the respondent judge, the Honorable...

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