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STATE EX REL. BAUMERT v. MUNICIPAL CT., ETC.

No. 1 CA-CIV 3946.

124 Ariz. 543 (1979)

606 P.2d 33

The STATE of Arizona ex rel. Andy BAUMERT, Phoenix City Attorney, Appellant, v. The MUNICIPAL COURT OF the CITY OF PHOENIX, Arizona, and the Honorable Richard Garcia, Judge thereof; and Thelma H. Ratliff, Defendant and Real Party in Interest, Appellees.

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

Rehearing Denied December 18, 1979.

Attorney(s) appearing for the Case

Andy Baumert, Phoenix, City Atty. by M. Louis Levin, City Prosecutor, Michael K. Carroll and Michael R. Arkfeld, Asst. City Prosecutors, Phoenix, for appellants.

Cox & Cox by Stephen L. Cox, Phoenix, for appellees.

OPINION

DONOFRIO, Acting Presiding Judge.

This case is an appeal from the denial of a petition for special action filed in the Maricopa County Superior Court. This Court has jurisdiction under A.R.S. § 12-2101(B) and 17A A.R.S., Rules for Special Actions, rule 8(A). The issues raised on appeal concern the propriety of the Municipal Court Judge's consideration of a motion to dismiss and whether in granting the motion to dismiss the court abused its discretion...

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