CAMPBELL v. SUPERIOR CT, IN & FOR CTY. OF MARICOPA

No. 1 CA-CIV 2041.

18 Ariz. App. 287 (1972)

501 P.2d 463

David H. CAMPBELL, Superintendent, Motor Vehicle Division, Arizona Highway Department, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, The Honorable Gerald J. Strick, the Judge thereof, and Real Parties in Interest, Douglas BALLARD and Jane Doe Ballard, his wife, Respondents.

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

Rehearing Denied November 2, 1972.

Review Denied December 5, 1972.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Donald O. Loeb, Asst. Atty. Gen., Phoenix, for petitioner.

Otto H. Linsenmeyer by Frank E. Dickey, Jr., Phoenix, for respondents.


JACOBSON, Judge.

This special action questions the propriety of the trial court's denial of a motion for summary judgment on the grounds that a genuine issue of material fact existed, although the administrative decision engendering the litigation had become statutorily final.

The case comes before us after the trial court's second denial of a motion for summary judgment. We took jurisdiction of the State's petition for a writ of prohibition to determine if...

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