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ANDERSON v. CONTES

No. 1 CA-SA 05-0266.

128 P.3d 239 (2006)

212 Ariz. 122

Paul Brian ANDERSON, Petitioner/Appellant, v. The Honorable Connie CONTES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Amal Anderson, Real Party in Interest.

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

As Amended March 8, 2006.

Attorney(s) appearing for the Case

Roger D. Smith Attorney at Law by Roger D. Smith, Scottsdale, Attorneys for Appellant.

Jaburg & Wilk, P.C. by Kathi Mann Sandweiss, Roger L. Cohen, Adam Seymour Kunz, Phoenix, Attorneys for Real Party in Interest.

OPINION

HALL, Presiding Judge.

¶ 1 In our previous memorandum decision in this matter, we remanded two issues for further consideration by the trial court. Paul Brian Anderson (Father) thereafter filed a Notice of Change of Judge pursuant to Arizona Rules of Civil Procedure (Rule) 42(f)(1)(E), which entitles a party to a change of judge as a matter of right when one or more issues in a case are remanded for a "new trial." When the trial court denied...

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