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GUARRASCIO v. FISHER

No. 2 CA-SA 87-0052.

154 Ariz. 186 (1987)

741 P.2d 319

Guiseppe GUARRASCIO, Petitioner, v. The Honorable Lillian S. FISHER, Judge of the Superior Court In and For the County of Pima, Respondent, and SKANCO INTERNATIONAL, LTD., an Arizona corporation; Skanco International, Ltd., As Managing General Agent for Underwriter's at Lloyd's, London; Underwriter's at Lloyd's, London; and Mary Frances McCarthy, d.b.a. Mary Frances McCarthy Insurance Agency, a Sole Proprietorship, Real Parties in Interest.

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

June 30, 1987.

Attorney(s) appearing for the Case

Miller & Pitt, P.C. by Lindsay Brew, Tucson, for petitioner.

Bury, Moeller, Humphrey & O'Meara by Kevin Miniat, Tucson, for real party in interest McCarthy.

OPINION

FERNANDEZ, Judge.

Petitioner Guiseppe Guarrascio, plaintiff below, has brought this special action to challenge the refusal of the respondent judge to honor his notice of change of judge filed pursuant to Rule 42(f)(1), Rules of Civil Procedure, 16 A.R.S. Because petitioner has no equally plain, speedy or adequate remedy by way of appeal, and because we conclude that the respondent failed to perform a duty required by law as to which she had no discretion...

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