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FINCK v. O'TOOLE

No. CV-93-0362-PR.

179 Ariz. 404 (1994)

880 P.2d 624

Darla FINCK, Petitioner, v. Honorable Thomas W. O'TOOLE, Judge, Maricopa County Superior Court, Respondent, Michael E. FINCK and Christopher M. Finck, Minor Child of the Petitioner, By and Through His Court-Appointed Counsel, John P. Moore, Esq., Real Parties in Interest.

Supreme Court of Arizona, En Banc.

September 13, 1994.

Attorney(s) appearing for the Case

Mallin & Brown By Robert H. Mallin, and Frederic G. Lemberg, former attys., Phoenix, for petitioner.

Darla J. Burroughs, in pro. per.

Michael E. Finck, in pro. per.

John P. Moore, Phoenix, for real party in interest.

Nancy Opre Logan, P.C. by Nancy Opre Logan, Chandler, Helm & Kyle, Ltd. by Margaret R. Tinsley, Tempe, David P. Arrow and Joy B. Borum, Scottsdale, for amicus curiae.

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

In an action for dissolution of marriage, the trial court awarded temporary visitation to step-grandparents standing in loco parentis to a child not common to the parties of the marriage. On special action, the court of appeals vacated the visitation award, holding that the trial court did not have jurisdiction to award visitation to the step-grandparents. ...

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