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RHODES v. FISHER

No. 2 CA-SA 0072.

140 Ariz. 345 (1984)

681 P.2d 928

Leonard C. RHODES and Carol A. Rhodes, husband and wife; United Home Food Service, Inc., Petitioners, v. Honorable Lillian S. FISHER, Superior Court of the State of Arizona In and For the County of Pima; and Roger O'Mahen and Jane O'Mahen, husband and wife; and John Manzo and Madeline Manzo, husband and wife, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

May 21, 1984.

Attorney(s) appearing for the Case

Quigley & Quigley, P.C. by John M. Quigley, Tucson, for petitioners.

Thomas A. Curti, P.C., George J. Feulner, P.C. and Croswell & Cornelio, by George J. Feulner, Tucson, for real parties in interest.

OPINION

HATHAWAY, Judge.

Petitioners' special action challenges the respondent court's refusal to honor petitioners' notice of change of judge. Because the petitioners are without an adequate remedy by appeal, and because the respondent court proceeded in excess of her jurisdiction, we assume jurisdiction and grant relief.

The real parties in interest are plaintiffs in a case filed on March 29, 1982, alleging as causes of action against the petitioners...

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