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MAKALLA v. SUPERIOR COURT OF CTY. OF MARICOPA

No. 13288.

119 Ariz. 1 (1978)

579 P.2d 39

Sam MAKALLA and Barbara A. Yanez, dba Park Lee Estates Nursery and Kindergarten, Petitioners, v. The SUPERIOR COURT OF the State of Arizona, COUNTY OF MARICOPA; the Honorable Marilyn A. Riddel, Judge of the Superior Court, and Jerry I. Hill, Sheriff of Maricopa County, Respondents, HARSH BUILDING COMPANY, James Little and Jane Doe Little, his wife, Real Parties in Interest.

Supreme Court of Arizona, In Banc.

April 20, 1978.

Attorney(s) appearing for the Case

Richard T. Ball, Phoenix, for petitioners.

Evans, Kitchel & Jenckes by Jerry C. Bonnett, Nathan R. Niemuth, Phoenix, for respondents real parties in interest.

STRUCKMEYER, Vice Chief Justice.

This special action arises out of the refusal of the Superior Court of Maricopa County to grant a stay and set a supersedeas bond pending an appeal. Jurisdiction is derived from 17A A.R.S. Rules for Special Action. The order of the Superior Court denying a stay and refusing to set supersedeas bond in Cause No. C-258834 of the Maricopa County Superior Court is vacated with directions to grant a stay and set an appropriate bond.

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