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EATON v. UNIFIED SCH. DIST. NO. 1 OF PIMA CTY.

Nos. 1 CA-CIV 4196, 1 CA-CIV 4272.

122 Ariz. 391 (1979)

595 P.2d 183

Richard Leo EATON, a minor by his parents and next friends, Dale G. Eaton and Janice Eaton, Alicia Sesma, a minor by her parents and next friends, Ray Sesma and Stella Sesma, and the Arizona Association For Retarded Citizens, Inc., Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. UNIFIED SCHOOL DISTRICT NO. 1 OF PIMA COUNTY, Arizona, Mohave Valley Elementary School District No. 16, Winslow School District No. 1 and Winslow High School District No. 1, Defendants-Appellants.

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

Rehearing Denied February 2, 1979.

Review Granted February 21, 1979.

Attorney(s) appearing for the Case

Venable, Rice, Lee & Capra by Gilbert T. Venable, Phoenix, for plaintiffs-appellees.

DeConcini, McDonald, Brammar & Yetwin by Richard M. Yetwin, Tucson, for Unified School Dist. No. 1.

Bruno & Weisberg, P.C., by Sheldon H. Weisberg, Kingman, for Mohave Valley Elementary School Dist. No. 16.

Jay V. Flake, Navajo County Atty., Holbrook, by Warner G. Leppin, Deputy County Atty., Winslow, for Winslow School Dist. No. 1 and Winslow High Sch. Dist. No. 1.

OPINION

HAIRE, Presiding Judge.

The appellant/defendant school districts have appealed from an order entered by the trial court denying their motions to de-certify the defendant class previously certified by the trial court pursuant to the provisions of Rule 23, Arizona Rules of Civil Procedure. The appellees have moved to dismiss the appeals, alleging that they are from an interlocutory order that does not meet the finality requirements of A.R.S. § 12...

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