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HOYLE v. SUPERIOR COURT

No. 1 CA-SA 88-230.

161 Ariz. 224 (1989)

778 P.2d 259

Kenneth R. HOYLE, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Edward C. Voss, the Honorable Rufus C. Coulter, the Honorable Irwin Cantor, judges thereof, Respondent Judges, STATE of Arizona and Kimberly J. Wright, Real Parties in Interest.

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

As Corrected August 22, 1989.

Attorney(s) appearing for the Case

Skeens & Anderson by Steven L. Parker, Phoenix, for petitioner.

Robert K. Corbin, Atty. Gen. by Rick E. Olson, Asst. Atty. Gen., Phoenix, for respondents/real parties in interest.

OPINION

KLEINSCHMIDT, Judge.

This is a special action review of the trial court's denial of a request for a jury trial in a paternity action pursuant to A.R.S. section 12-846(F) (Supp. 1988), which requires that paternity actions be tried to the court. We consider the following issues:

(1) whether there was a statutory or common law right to a jury trial in paternity actions when section 12-846(F) was enacted; (2) whether section 12-846...

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