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STATE EX REL. McDOUGALL v. SUPERIOR COURT

No. 1 CA-SA 92-0261.

174 Ariz. 450 (1993)

850 P.2d 688

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Gary E. Donahoe, a commissioner thereof, Respondent Judge, Anaroberta C. BLENDU, Real Party in Interest.

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

April 13, 1993.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Norman R. Lemons, Asst. City Prosecutor, Phoenix, for petitioner.

Rake Downey McGovern Shorall & Cohen, P.C. by Thomas J. Shorall, Jr. and Larry J. Cohen, Phoenix, for respondent Maricopa County Superior Court.

Anaroberta C. Blendu, Phoenix, real party in interest.

OPINION

GARBARINO, Judge.

This case arises from a superior court order vacating a Phoenix city court's judgment against Anaroberta C. Blendu (defendant) in a civil traffic case. In vacating the judgment, the superior court found that the city's failure to file a responsive memorandum constituted a confession of error. The city brought this special action, seeking this court's ruling that it did not confess error by failing to file an appellate memorandum....

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