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MONTOYA v. SUPERIOR COURT

No. 1 CA-SA 92-0144.

173 Ariz. 129 (1992)

840 P.2d 305

Matthew A. MONTOYA, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA; the Honorable Sherry H. Hutt, a judge thereof, Respondent Judge. Christina G. GARDNER, Real Party in Interest.

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

October 29, 1992.

Attorney(s) appearing for the Case

Robert A. Hirschfeld, Phoenix, for petitioner.

Hintze, Havens, & Eaton, P.C. by Michael D. Hintze, Phoenix, for minor child.

Robert D. Rosanelli, Phoenix, for real party in interest.

OPINION

TOCI, Judge.

This special action arose when, in a custody dispute with the natural mother, the natural father invoked the privilege against self-incrimination. Petitioner ("father") now seeks to enjoin the enforcement of the trial court's order striking his pleadings, entering a default judgment against him, and awarding custody of the child to the mother without a hearing on the merits. This court granted an interlocutory stay of the trial court...

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