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GRADY v. BARTH EX REL. COUNTY OF MARICOPA

No. 1 CA-SA 13-0106.

312 P.3d 117 (2013)

Michael GRADY and Jennifer Grady, husband and wife, Petitioners, v. The Honorable Michael L. BARTH, Commissioner of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Commissioner, Tri-City National Bank, a foreign corporation, its successors and/or assigns; Maricopa County Sheriff's Office, in its official capacity, Real Parties in Interest.

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

September 19, 2013.

Attorney(s) appearing for the Case

Politan & Associates PLLC by John R. Politan and Law Offices of Kyle A. Kinney, PLLC by Kyle A. Kinney , Scottsdale, Attorneys for Petitioners.

Jaburg & Wilk, PC by Janessa E. Koenig and Laura Rogal and Neal H. Bookspan , Phoenix, Attorneys for Real Party in Interest Tri-City National Bank.

William G. Montgomery , Maricopa County Attorney, by Lori A. Lewis , Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest Maricopa County Sheriff's Office.

OPINION

NORRIS, Judge.

¶ 1 The issue in this special action is whether the superior court has discretion to deny a stay to a defendant in possession of property who is appealing a judgment in a forcible entry and detainer action when the plaintiff never had a landlord-tenant relationship with the defendant and, instead, purchased the property at a non-judicial trustee's sale. As we explain, the answer is "no."

FACTS AND PROCEDURAL BACKGROUND...

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