ROSS v. SUPERIOR COURT, IN & FOR COUNTY OF MARICOPA

No. 1 CA-CIV 2032.

18 Ariz. App. 9 (1972)

499 P.2d 740

Marie ROSS, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Morris Rozar, Judge; and Real Party in Interest, Samuel S. ROSS, Jr., Respondents.

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

Rehearing Denied August 22, 1972.

Review Granted October 10, 1972.


Attorney(s) appearing for the Case

Filler, Paytas, Shannon, Fleming & Stephenson, P.C. by Henry R. Paytas, Phoenix, for petitioner.

Johnson & Shaw by Marvin Johnson, Phoenix, for respondents.


HAIRE, Chief Judge, Division 1.

In this petition for a special action we are called upon to decide whether a party filing a petition for modification of a divorce decree is entitled as a peremptory right to disqualify a judge who heard the original case. Assuming the absence of a peremptory right, a subsidiary issue in this case is whether the filing party waived her right to disqualify the judge for cause.

The relevant facts are as follows. On September...

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