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PENUNURI v. SUPERIOR CT. IN AND FOR PIMA COUNTY

No. 2 CA-CIV 2476.

115 Ariz. 399 (1977)

565 P.2d 905

Maria PENUNURI, a minor, and Alfonso I. Penunuri and Ofelia A. Penunuri, husband and wife, Individually and as parents and next friends of Maria Penunuri, Petitioners, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, the Honorable James C. Carruth, a Judge thereof the Superior Court of the State of Arizona, in and for the County of Cochise, Respondents, and Jorge B. GAYTAN, M.D., and Elizabeth R. Gaytan, husband and wife, and Phelps Dodge Corporation, a New York Corporation, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

March 31, 1977.

Attorney(s) appearing for the Case

Healy & Beal, P.C. by William T. Healy, Tucson, for petitioners.

Chandler, Tullar, Udall & Redhair, by D.B. Udall, Tucson, and Ramon R. Alvarez, Douglas, for real parties in interest Gaytan.

Evans, Kitchel & Jenckes, P.C. by Leon D. Bess, Phoenix, for real party in interest Phelps Dodge Corp.

OPINION

HATHAWAY, Judge.

Petitioners, plaintiffs in a pending superior court action, challenge the respondent court's denial of their motion for a voluntary dismissal of the real parties in interest as defendants in the suit and the court's order transferring the action from Pima County to Cochise County. Since we are of the opinion that appellate intervention at this juncture is required, we assume jurisdiction and grant relief.

The procedural chronology...

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