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SIMMS v. RAYES

No. 1 CA-SA 13-0123.

316 P.3d 1235 (2014)

Ronald A. SIMMS and Victoria Simms, individually and on behalf of their marital community; Ronald A. Simms, a married man dealing with his sole and separate property; Ronald A. Simms as Trustee of Ronald A. Simms Perpetual Asset Shield Trust; Ronald A. Simms as Trustee of RAS Trust; and RASCD, Inc., a California corporation, Petitioners, v. The Honorable Douglas RAYES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, TP Racing, LLLP, an Arizona limited liability partnership; Jeremy Ellis Simms, in his individual capacity; Jeremy and Serena Simms, husband and wife; J & R Racing LLC, an Arizona corporation; and J. Simms Enterprises LLC, an Arizona limited liability company, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

January 2, 2014.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP By E. Jeffrey Walsh , Nicole M. Goodwin , Phoenix, for Petitioners.

Stinson Morrison Hecker, LLP By Michael C. Manning , James M. Torre , Phoenix, for Real Parties in Interest.

Judge RANDALL M. HOWE delivered the opinion of the Court, in which Presiding Judge PETER B. SWANN and Judge JOHN C. GEMMILL joined.

OPINION

HOWE, Judge.

¶ 1 This special action arises from the trial court's disqualification of Petitioners' counsel, Greenberg Traurig, LLP ("GT"), from representing Petitioners in pursuing derivative claims against TP Racing, LLLP. We accept jurisdiction because Petitioners have no adequate remedy by appeal and raise a legal issue that may recur. Sec. Gen. Life Ins. Co. v. Tallent, 149 Ariz. 332, 333,

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