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WOLFSWINKEL v. SUPERIOR COURT OF GILES COUNTY

No. 2 CA-SA 0131.

145 Ariz. 154 (1984)

700 P.2d 852

Clifford L. and Eleanor WOLFSWINKEL, husband and wife, Petitioners, v. SUPERIOR COURT of Arizona and for the COUNTY OF GILA and the Honorable James E. Don, a Judge thereof; Lyman Peace, Sheriff of Gila County, Arizona, and B.B. Bonner, Jr. and Kaide Bonner, husband and wife; and George Nackard and Leonora Nackard, husband and wife, Respondents.

Court of Appeals of Arizona, Division 2.

Review Denied February 26, 1985.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon, Udall & Powers by Leland M. Jones and S. Cary Forrester, Phoenix, for petitioners.

Jerry L. Smith, Flagstaff, for respondents.

OPINION

HATHAWAY, Judge.

This special action is brought from the trial court's refusal to quash a writ of special execution issued on July 20, 1984. Because we believe the trial court failed to perform a duty required by law as to which it had no discretion, and because we believe petitioners are without an adequate remedy by means of an appeal, we assume jurisdiction and grant relief.

The underlying litigation concerns the resolution of competing...

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