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ACCOMAZZO v. KEMP

No. 1 CA-SA 13-0203.

319 P.3d 231 (2014)

Stacy Elizabeth ACCOMAZZO, Petitioner, v. The Honorable Michael W. KEMP, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, Wade Trotter Accomazzo, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

January 21, 2014.

Attorney(s) appearing for the Case

Franks, Sheldon & Houser, P.C., Phoenix By Todd Franks , Robert C. Houser , Sara A. Swiren , Counsel for Petitioner.

Hallier & Lawrence PLC, Phoenix By Andrea C. Lawrence , Nicole Siqueiros-Stoutner , Counsel for Real Party in Interest.

Judge PETER B. SWANN delivered the opinion of the Court, in which Presiding Judge DONN KESSLER and Judge MAURICE PORTLEY joined.

OPINION

SWANN, Judge.

¶ 1 In this special action, we hold that the attorney-client privilege is not automatically waived when a party challenges the enforceability of an agreement that was the subject of an attorney-client consultation.

¶ 2 In the underlying divorce case, the parties dispute the enforceability of a prenuptial agreement (the "Agreement") providing for the division of property in the event of divorce. The superior court ruled...

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