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SMITH v. MANGUM

No. 1 CA-SA 203.

155 Ariz. 448 (1987)

747 P.2d 609

Beverly Ann SMITH and Edward Gant, Petitioners, v. Honorable Richard K. MANGUM, Superior Court of the State of Arizona, in and for the County of Coconino, Respondent Judge, David Dewitt SMITH, Real Party in Interest.

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

Review Denied January 19, 1988.

Attorney(s) appearing for the Case

Patrice M. Horstman, Flagstaff, for petitioner Smith.

Robert B. Van Wyck, Flagstaff, for petitioner Gant.

Susan Slasor, Flagstaff, for amicus curiae The American Civil Liberties Union.

Aspey, Watkins & Diesel by Frederick M. Aspey, Flagstaff, for real party in interest Smith.

OPINION

HAIRE, Chief Judge.

Beverly Smith (Mrs. Smith) and Edward Gant filed this special action seeking relief from a trial court order that compelled them to disclose whether they have had sexual relations. The inquiry arose during discovery in an action that Dr. David Smith (Dr. Smith) filed seeking modification of his spousal maintenance obligation to his ex-wife, Mrs. Smith. This opinion follows our order of July 15, 1987, in which we accepted jurisdiction...

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