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DUNN v. CARRUTH

Nos. CV-89-0007-SA, CV-89-0073-PR.

162 Ariz. 478 (1989)

784 P.2d 684

Charles DUNN, Individually and as Statutory Trustee on behalf of Cheryl A. Diaz, Michael Paul Dunn, Debra Dunn, and Glen Allen, Petitioner, v. The Honorable James C. CARRUTH, Judge of the Pima County Superior Court; Superior Court of the State of Arizona In and For the County of Pima; The Honorable Marilyn A. Riddel, Judge of the Maricopa County Superior Court; Superior Court of the State of Arizona In and For the County of Maricopa; Elizabeth Kollar, as Widow and Executor for the Estate of Edward J. Kollar, Deceased, Respondents, STATE of Arizona, Real Party in Interest. Sally J. WYZYKOWSKI, Petitioner, v. The Honorable Norman FENTON, Judge of the Pima County Superior Court; Superior Court of the State of Arizona In and For the County of Pima; The Honorable Edward C. Rapp, Judge of the Maricopa County Superior Court; Superior Court of the State of Arizona In and For the County of Maricopa, Respondents, STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

December 14, 1989.

Attorney(s) appearing for the Case

Miller & Pitt, P.C. by Philip J. Hall and Jonathan W. Reich, Tucson, for petitioner Charles Dunn.

Jones, Skelton & Hochuli by Edward G. Hochuli and Robert K. Corbin, Atty. Gen. by Jonathan H. Schwartz, Asst. Atty. Gen., Phoenix, for real party in interest in CV-89-0007-SA.

Miller & Pitt, P.C. by Gus Aragon, Jr. and Jonathan W. Reich, Tucson, for petitioner Sally J. Wyzykowski.

Robert K. Corbin, Atty. Gen. by Mark F. Aceto, Asst. Atty. Gen., Phoenix, for real party in interest in CV-89-0073-PR.

CORCORAN, Justice.

In these consolidated cases, we examine the effect of the state's motion for a venue change, pursuant to A.R.S. § 12-822(B). We hold that a motion under A.R.S. § 12-406 is not precluded in cases removed to Maricopa County pursuant to A.R.S. § 12-822(B). We have jurisdiction under Ariz. Const. art. 6, § 5(1).

Facts and Procedure

1. Dunn. Marilyn and Glen Bennett died in a car accident occurring in...

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