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REILLY v. SUPER. CT. IN & FOR MARICOPA CTY.

No. 1 CA-CIV 7685-SA.

141 Ariz. 540 (1984)

687 P.2d 1295

Richard L. REILLY and Elizabeth Reilly, husband and wife, Petitioners, v. The SUPERIOR COURT of Arizona In and For the COUNTY OF MARICOPA and the Honorable Edmund G. Noyes, Jr., a Judge thereof, Division 40, Respondents, and Michael S. LEVY and Michael S. Levy, D.O., P.C., an Arizona professional corporation, Respondent, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

September 13, 1984.

Attorney(s) appearing for the Case

Gerson & Bogart by John G. Bogart, Tucson, for petitioners.

Barry Allen Reiss, Phoenix, for respondent Michael S. Levy.

OPINION

HAIRE, Presiding Judge.

In this special action proceeding petitioners contend that the trial court abused its discretion or exceeded its jurisdiction in denying their motion for transfer of venue from Maricopa County to Pima County. The principal issue presented is whether a named defendant waives his right to a change of venue by voluntarily filing an answer and contemporaneously moving for transfer of venue, without first having been served with...

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