GANT v. HELM

No. 2 CA-CIV 2096.

25 Ariz. App. 583 (1976)

545 P.2d 431

Barbara Anne GANT, Petitioner, v. The Honorable Lloyd C. HELM, Judge of the Superior Court of Cochise County, Arizona, and F. Michael CARROLL, Personal Representative of the Estate of James M. Carroll, Deceased, and Thelma H. Carroll, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

February 3, 1976.


Attorney(s) appearing for the Case

Richard A. Wilson, Phoenix, for petitioner.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth, & Beshears, by George H. Mitchell and H. Leslie Hall, Phoenix, for respondents.


OPINION

KRUCKER, Judge.

Did the respondent court err in refusing to grant petitioner's request for a change of judge? That is the question presented in this special action. The basis for the respondent judge's ruling was that petitioner had waived her right to a change of judge as a matter of right because he had previously entered an order compelling her to answer certain interrogatories.

Rule 42(f)...

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