DUNN v. SUPERIOR COURT

No. 1 CA-SA 88-275.

160 Ariz. 311 (1989)

772 P.2d 1164

Patricia DUNN, By and Through her Guardian and conservator, Daniel DUNN; Daniel Dunn, individually; Raymond S. Elliott, M.D.; Gynecology & Obstetrics of Mesa, Ltd., Petitioners, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Frederick J. Martone, a judge thereof, Respondent Judge, SAMARITAN HEALTH SERVICE, dba Desert Samaritan Hospital & Health Center; and Anca Maras, Real Parties in Interest.

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

April 20, 1989.


Attorney(s) appearing for the Case

Lowry & Froeb, P.C. by Donald F. Froeb, Scottsdale, for petitioners.

Lewis and Roca by John P. Frank, Robert J. Tolman, Foster Robberson, and Roger W. Kaufman, Phoenix, for real party in interest, Samaritan Health Service.

Snell & Wilmer by Lonnie J. Williams, Jr., Stephen M. Hopkins and Patrick G. Byrne, Phoenix, for real party in interest, Anca Maras, M.D.


OPINION

JACOBSON, Judge.

In this special action, petitioners seek review of an order entered by the civil presiding judge of the superior court dishonoring their notice of change of judge as untimely, and refusing to reassign their case for trial to the stipulated judge, as required by Rule 42(f), Arizona Rules of Civil Procedure. Extraordinary relief by special action is appropriate when a respondent judge is required to transfer a cause to another judge...

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