BROWNING v. CORBETT

No. 2 CA-CIV 5776.

153 Ariz. 74 (1986)

734 P.2d 1030

Richard BROWNING, individually and on Behalf of all persons similarly situated, Plaintiff/Appellant, v. James CORBETT, Clerk of the Court of Pima County, Arizona; James Kirk, County Treasurer of Pima County, Pima County, Arizona; Douglas Patino, Director of Arizona Department of Economic Security; Dr. Lloyd Novick, Director of Arizona Department of Health Services; Vivian Kringle, Clerk of the Superior Court of Maricopa County; and Glenn O. Stapley, County Treasurer of Maricopa County, Arizona, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied January 6, 1987.

Review Denied March 24, 1987.


Attorney(s) appearing for the Case

Mesch, Clark & Rothschild, P.C. by Douglas H. Clark, Jr., Tucson, for plaintiff/appellant.

Robert K. Corbin, Atty. Gen. by Joan R. Mendelson and James P. Lagattuta, Tucson, for defendants/appellees.


OPINION

FERNANDEZ, Judge.

Appellant Richard Browning appeals from the trial court's entry of summary judgment in favor of appellees and the dismissal of his complaint, filed as a class action, which sought an injunction and an accounting. He contends that A.R.S. § 25-311.01(E) is unconstitutional. This subsection requires both the petitioner and respondent in a marriage dissolution action to pay, in addition to the court filing fees, a $12.00 fee which...

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