WILLIAMS v. SUPERIOR COURT

No. 1 CA-SA 97-0253.

945 P.2d 391 (1997)

190 Ariz. 80

Darin WILLIAMS, a single man, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable William J. Schafer, III, a judge thereof, Respondent Judge, GRAHAM ENTERPRISES, INC., an Arizona corporation, dba Graham Central Station, and Professional Event Services Corporation, an Arizona corporation, Real Parties in Interest.

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

September 25, 1997.


Attorney(s) appearing for the Case

Tiffany & Bosco, P.A. by William J. Simon, Phoenix, for Petitioner.

Plattner Verdarame, P.C. by Randall A. Hinsch, Phoenix, for Real Party in Interest Graham Enterprises, Inc.

Holloway Odegard & Sweeney, P.C. by Kevin B. Sweeney, Phoenix, for Real Party in Interest Professional Event Services Corp.


OPINION

FIDEL, Presiding Judge.

A recent amendment to Rule 42(f), Arizona Rules of Civil Procedure, provides that a party waives the right to file an otherwise timely Notice of Change of Judge if, after receiving notice of a pending ruling on a contested issue, the party neglects to file the Notice of Change of Judge before the judge has ruled. Ariz. R. Civ. P. 42(f)(1)(D). In this special action, which challenges the trial court's refusal to honor a Notice...

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