STUARD v. BEAN

No. 2 CA-CIV 2297.

27 Ariz. App. 350 (1976)

554 P.2d 1293

Sybil Annette STUARD, Petitioner, v. The Honorable Robert R. BEAN, Judge of the Pinal County Superior Court, Division III, the Superior Court of Cochise County, and William and Karen (Ziglar) LINDO, husband and wife, real parties in interest, Respondents.

Court of Appeals of Arizona, Division 2.

September 16, 1976.


Attorney(s) appearing for the Case

Maud & Wildermuth by John R. Wildermuth, Coolidge, for petitioner.

Kenet E. Chareau, Sierra Vista, for respondents real parties in interest.


OPINION

HATHAWAY, Judge.

Petitioner brings this special action, alleging that the refusal of the respondent court to decide a jurisdictional issue in a child custody case constitutes a failure to perform its duty as required by law. We find the use of special action proceedings particularly appropriate in this case since the welfare of children is involved and there is no remedy by appeal. We therefore assume jurisdiction and grant relief.

The pertinent...

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