CAPLAN v. HARTE

No. 2 CA-CIV 4260.

131 Ariz. 357 (1982)

641 P.2d 271

Herbert P. CAPLAN, a single person; Rosiland Kauffman, a single person dba U.S. Machinery Company, a partnership, Petitioners, v. Lawrence K. Bret HARTE, Pima County Superior Court Commissioner, Respondent, and ACTION SAND AND GRAVEL CORP., an Arizona corporation; Ralph and Mary P. Scarmella, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

February 10, 1982.


Attorney(s) appearing for the Case

Johnson, Welliever, Buckley & Otto by Robert J. Welliever, Phoenix, for petitioner U.S. Machinery Co.

Michael J. Vingelli, Tucson, for real parties in interest.


OPINION

BIRDSALL, Judge.

The subject of this special action is an order of the respondent court approving a surety bond on replevin (for redelivery). Although we deny relief, we have assumed jurisdiction to consider petitioners' challenge of the order since the matter is of importance to the bench and bar of this state.

Petitioners are the plaintiffs in a pending superior court action against Action Sand and Gravel Corporation (Action) and Mr. and...

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