GARAY UPPEN v. SUPERIOR COURT OF PIMA COUNTY

No. 2 CA-CIV 2537.

116 Ariz. 81 (1977)

567 P.2d 1210

Patricia F. GARAY UPPEN, Petitioner, v. SUPERIOR COURT OF the State of Arizona, PIMA COUNTY, Arizona, Harry Gin, Presiding Judge of the Superior Court, William N. Sherrill, Court Commissioner of the Superior Court, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 30, 1977.

Review Denied July 19, 1977.


Attorney(s) appearing for the Case

Neil P. Miller, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Ronald M. Lehman and Howard L. Baldwin, Deputy County Attys., Tucson, for respondents.


OPINION

HOWARD, Chief Judge.

The subject of this special action is a ruling by the respondent court that it lacked jurisdiction to consider, approve and make provision for the custody of petitioner's minor child in a decree of dissolution. Because of the unusual circumstances, we deem the remedy by appeal inadequate and therefore assume jurisdiction.

Briefly, the facts are as follows. Petitioner and the father of the child were married in Santiago...

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