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MORGER v. SUPERIOR COURT OF STATE OF ARIZ.

No. 2 CA-CIV 4133.

130 Ariz. 508 (1981)

637 P.2d 310

Jerry L. MORGER and Frances Morger, Petitioners, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF PIMA, and Judge Lillian S. Fisher, and the State of Arizona Department of Economic Security, real party in interest, Respondents.

Court of Appeals of Arizona, Division 2.

November 25, 1981.

Attorney(s) appearing for the Case

Little, Fisher, Brady, Bromley & Siegel by Kathleen C. Roberts, Tucson, for petitioners.

Stephen D. Neely, Pima County Atty. by Paula G. Davidon, Deputy County Atty., Tucson, for respondent Judge.

OPINION

HOWARD, Judge.

Petitioners have brought this special action to challenge the respondent court's finding of non-indigency which bars them from receiving court-appointed counsel to handle their appeal in the severance case of Pima County Cause No. S-828. Since this order is non-appealable, and since we believe the court acted in excess of its jurisdiction and in an arbitrary manner, we assume jurisdiction and grant relief.

Petitioners are the...

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