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SWAIN v. HICKS EX REL. COUNTY OF MARICOPA

No. 1 CA-SA 13-0298.

330 P.3d 966 (2014)

Burl SWAIN, Petitioner v. The Honorable Bethany HICKS, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge. Diane Swain, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

July 10, 2014.

Attorney(s) appearing for the Case

Berkshire Law Office, PLLC, By Keith Berkshire , Max Mahoney , Phoenix, Counsel for Petitioner.

Law Office of Amber L. Guymon, PLLC, By Amber L. Guymon , Phoenix, Counsel for Real Party in Interest.

Judge KENTON D. JONES delivered the opinion of the Court, in which Presiding Judge PETER B. SWANN and Judge PATRICIA K. NORRIS joined.

OPINION

JONES, Judge.

¶ 1 Burl Swain (Burl) seeks special action relief, requesting this Court vacate the family court's August 6, 2013 minute entry ruling. Burl asserts the family court erred by including his Title 38 Veterans Administration disability benefits (Title 38 disability benefits) in the calculation and award of spousal maintenance in violation of Arizona Revised Statute (A.R.S.) section 25-530 (2014).1

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