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SARCHETT v. SUPERIOR COURT

No. 1 CA-SA 91-098.

168 Ariz. 321 (1991)

812 P.2d 1139

Martha E. SARCHETT, a widow, Harold M. Sarchett, II, Trustee of Harold M./Martha E. Sarchett Family Trust dated November 19, 1970; Southwestern Leather and Shoe Findings Company, an Arizona corporation; Party(ies) in Possession by an Unrecorded Interest, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Robert D. Myers, a judge thereof, Respondent Judge, CITY OF PHOENIX, a municipal corporation, Real Party in Interest.

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

May 28, 1991.

Attorney(s) appearing for the Case

Dushoff & McCall by Dale S. Zeitlin, Phoenix, for petitioners.

Roderick G. McDougall, City Atty. by Sharon K. Haynes, Asst. City Atty., Phoenix, for real party in interest.

OPINION

GERBER, Judge.

This special action arises from the trial court's rejection of petitioners' ("Sarchetts") request for change of judge pursuant to Rule 42(f)(1), Arizona Rules of Civil Procedure.

We accept jurisdiction to clarify the meaning of the waiver provision of Rule 42(f)1(D)(i), Arizona Rules of Civil Procedure. The interpretation of this newly amended rule presents an issue of statewide importance impacting all trial courts.

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