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CATRONE v. MILES

No. 1 CA-SA 06-0277.

160 P.3d 1204 (2007)

Andrew CATRONE, as next friend of Patrick Catrone, his minor child, Plaintiffs/Petitioners, v. The Honorable Robert E. MILES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Mercy Healthcare Arizona, Inc., an Arizona corporation, dba St. Joseph's Hospital and Medical Center; Catholic Healthcare West, a foreign corporation, dba St. Joseph's Hospital and Medical Center; Louis G. Trunzo, M.D. and Joann Kolnick, husband and wife; North Valley Pediatrics, P.C., an Arizona professional corporation; North Valley Pediatrics-North Bell P.C., formerly known as North Valley Pediatrics-Tatum, P.C.; an Arizona professional corporation, Defendants/Real Parties in Interest.

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

June 26, 2007.

Attorney(s) appearing for the Case

Harris, Powers & Cunningham, PLLC by Frank I. Powers and John M. Matter, Phoenix, Attorneys for Plaintiffs/Petitioners.

Olson, Jantsch & Bakker, P.A. by Thomas G. Bakker and Jill L. Hirneisen, Phoenix, Attorneys for Defendant Catholic Healthcare West dba St. Joseph's Hospital and Medical Center.

Campbell, Yost, Clare & Norell, P.C. by Jeffrey J. Campbell and Erica J. Dickson, Phoenix, Attorneys for Defendants Trunzo, Kolnick, North Valley Pediatrics, P.C. and North Valley Pediatrics-North Bell, P.C.

OPINION

BARKER, Judge.

¶ 1 We treat in this special action several issues of first impression as to the discoverability of special education records. For the reasons that follow, we accept jurisdiction and deny relief from the trial court's order requiring their production in this case.

Facts and Procedural History

¶ 2 On January 9, 1999, Patrick Catrone ("Patrick") was born at St. Joseph's Hospital and Medical Center ...

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