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COFFEE v. RYAN-TOUHILL EX REL CNTY MARICOPA

No. 1 CA-SA 18-0251.

445 P.3d 666 (2019)

Joshua M. COFFEE, Petitioner, v. The Honorable Jennifer RYAN-TOUHILL, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, Jennifer Leigh Appling, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

As Amended July 25, 2019.

Attorney(s) appearing for the Case

The Murray Law Offices, PC, Scottsdale, By Stanley D. Murray , Counsel for Petitioner.

Schill Law Group, Phoenix, By Melanie G. Gable , Counsel for Real Party in Interest.

Judge David D. Weinzweig delivered the opinion of the Court, in which Presiding Judge Kenton D. Jones and Judge Peter B. Swann joined.

OPINION

¶1 At issue here is whether parties may remove a trial judge under Arizona Rule of Civil Procedure ("Rule") 42.1(e) if they secure a new evidentiary hearing from the appellate court in a special action and they have not previously exercised their right to a change of judge.

¶2 This is the second...

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