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GRANT v. SUPERIOR CT. IN AND FOR COUNTY OF PIMA

No. 2 CA-CIV 2277.

27 Ariz. App. 427 (1976)

555 P.2d 895

Randall H. GRANT, Petitioner, v. The SUPERIOR COURT IN AND FOR the COUNTY OF PIMA, and the Honorable Duane P. Smith, Court Commissioner thereof, Respondent, and Aurelia Rosales GRANT, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 29, 1976.

Petition for Review Denied October 26, 1976.

Attorney(s) appearing for the Case

Johnson, Hayes & Dowdall, Ltd. by Donald E. Gabriel, Tucson, for petitioner.

Lieberthal & Kashman, P.C. by David H. Lieberthal, Tucson, for real party in interest.

HOWARD, Chief Judge.

Petitioner has been ordered to pay temporary spousal maintenance and other sums, all flowing from a common law marriage which he claims never occurred. He alleges an excess of the trial court's jurisdiction in refusing to dismiss the action. We choose to assume jurisdiction of the matter and, since a court only has jurisdiction to award spousal maintenance in a dissolution proceeding governing a valid marriage and the situation before us is not...

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