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ARIZONA DEPT. OF ECONOMIC SEC. v. DON

No. 2 CA-SA 90-0123.

165 Ariz. 407 (1990)

799 P.2d 27

ARIZONA DEPARTMENT OF ECONOMIC SECURITY, Petitioner, v. The Honorable James DON, a Judge for the Superior Court of the State of Arizona, County of Pinal, Respondent, and John Lee HOWARD, and Minor Children, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department B.

September 4, 1990.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by C. Eileen Bond, Phoenix, for petitioner.

Roer & Hamilton by Lynn T. Hamilton, Chandler, for minors.

Lorona and Associates by Michael Hickman, Mesa, for father.

OPINION

HOWARD, Judge.

The Arizona Department of Economic Security has brought this special action to challenge the respondent court's granting of a motion to file a delayed appeal in a severance action. Because we believe the respondent court acted in excess of its jurisdiction in granting the motion, we assume jurisdiction and grant relief. Ariz.R.P. Spec. Action 1 and 3, 17B A.R.S.

The real party in interest is the natural father of two children...

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