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JOHNSON v. TEMPE ELEMENTARY SCHOOL DIST.

No. 1 CA-CV 99-0555.

20 P.3d 1148 (2001)

199 Ariz. 567

Keith JOHNSON, Plaintiff-Appellee, v. TEMPE ELEMENTARY SCHOOL DISTRICT NO. 3 GOVERNING BOARD, Defendant-Appellant.

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

As Amended March 22, 2001.

Attorney(s) appearing for the Case

Hobson & Ringler by William R. Hobson and Counters & Koelbel, P.C. by Kevin Koelbel, Tempe, Attorneys for Plaintiff-Appellee.

The Cavanagh Law Firm by Christopher Robbins and Greenburg Traurig, L.L.C. by James A. Ullman, Michael Lungaretti, Phoenix, Attorneys for Defendant-Appellant.

Arizona School Boards Association by Thomas W. Pickrell and Miller LaSota & Peters, PLCP by Donald M. Peters, Susan A. Cannata, Phoenix, Attorneys for Amicus Curiae Arizona School Boards Association.

OPINION

GERBER, Judge.

¶ 1 Appellant Tempe Elementary School District No.3 Governing Board ("the Board") dismissed appellee Keith Johnson from his teaching position for a criminal conviction that occurred thirteen years before he was hired. Upon appeal by Johnson, the superior court reversed the dismissal. The Board then appealed to this court from that judgment. For the reasons discussed below, we find that the Board's appeal is null and void.

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