LEWIS v. KELLIHER

No. 2 CA-SA 92-0057.

171 Ariz. 228 (1992)

829 P.2d 1274

Ubense LEWIS, Petitioner, v. The Honorable John F. KELLIHER, Jr., a Judge Pro Tempore for the Superior Court of the State of Arizona, County of Cochise, Respondent, and ARIZONA DEPARTMENT of ECONOMIC SECURITY, Real Party in Interest.

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

April 30, 1992.


Attorney(s) appearing for the Case

Dickerson & Rheinheimer by Edward G. Rheinheimer, Sierra Vista, for petitioner.

Hicks & Conlogue, P.C. by James L. Conlogue, Bisbee, for Minor.

Grant Woods, The Atty. Gen. by Eileen T. Weiss, Tucson, for real party in interest.


OPINION

FERNANDEZ, Presiding Judge.

This special action was taken from the order of the juvenile court refusing to honor petitioner's notice of change of judge filed pursuant to Rule 42(f)(1), Ariz.R.Civ. P., 16 A.R.S. Because respondent has proceeded without legal authority and because petitioner has no equally plain, speedy, or adequate remedy by way of appeal, we accept jurisdiction and grant relief. Rules 1(a) and 3(b), Ariz.R.P. Spec. Actions, 17B A...

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