SCHOENEWEIS v. HAMNER

No. 1 CA-SA 09-0152

SCOTT SCHOENEWEIS, Personal Representative of the Estate of Gabrielle D. Schoeneweis, Petitioner, v. THE HONORABLE BARBARA HAMNER, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of MARICOPA, Respondent Judge, DR. MARK FISCHIONE, Maricopa County Medical Examiner; MICHELE CASTANEDA-MARTINEZ, Director, Office of Vital Registration, Maricopa County Department of Public Health; Patricia ADAMS, Director, Office of Vital Records, Arizona Department of Health Services, Real Parties in Interest.

Court of Appeals of Arizona, Division One, Department A

December 1, 2009.


Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A., Phoenix, Mark C. Dangerfield, Attorneys for Petitioner.

Maricopa County Office of General Litigation Services, Phoenix, Brad K. Keogh, Attorneys for Real Parties in Interest Fischione and Castaneda-Martinez.

Terry Goddard, Attorney General, Phoenix, Donald P. Schmid, Assistant Attorney General, Attorneys for Real Party in Interest Adams,


OPINION

SWANN, Judge.

¶ 1 This special action arises under the Arizona Public Records Law, A.R.S. § 39-121, et seq. Scott Schoeneweis ("Petitioner") challenges the probate court's refusal to enjoin three governmental agencies, the Maricopa County Medical Examiner, the Office of Vital Records in the Arizona Department of Health Services and the Office of Vital Registration in the Maricopa County Department of Public Health, from...

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