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DOWLING v. STAPLEY

Nos. 1 CA-CV 07-0745, 1 CA-CV 07-0891.

211 P.3d 1235 (2009)

Dr. Sandra DOWLING, in her official capacity as Superintendent of Schools, Maricopa County, Arizona, and as ex officio Member of the Governing Board of Maricopa County Regional School District No. 509, Plaintiff/Counter-Defendant/ (CV 2006-014285) Defendant/Counterclaimant/(CV 2006-052611)/Appellant, v. Don STAPLEY; Fulton Brock; Andrew Kunasek; Mary Rose Wilcox; and Max W. Wilson, in their official capacities as members of the Board of Supervisors, Maricopa County, Arizona, Intervenors (CV 2006-014285)/Defendants/Counter-Claimants/ Third-Party Plaintiffs (CV 2006-052611)/Appellees, and David Schweikert, in his official capacity as Maricopa County Treasurer, Plaintiff/Counter-Defendant (CV 2006-014285)/Third-Party Defendant (CV 2006-052611)/Appellee, and Maricopa County Regional School District No. 509, Defendant/Counterclaimant (CV 2006-014285)/Plaintiff/Counter-Defendant (CV 2006-052611) Appellee.

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

April 16, 2009.

Attorney(s) appearing for the Case

Cantelme & Brown, P.L.C. By David J. Cantelme, D. Aaron Brown, Samuel Saks, Phoenix, Attorneys for Sandra Dowling/Appellant.

Shughart Thomson & Kilroy, P.C. By Thomas K. Irvine, Rebekah W. Francis, Phoenix, Attorneys for Board of Supervisors, Maricopa County Arizona/Appellees.

Greenberg Traurig, L.L.P. By Pamela M. Overton, Jennifer M. Dubay, Clete P. Samson, Phoenix, Attorneys for David Schweikert and Maricopa County Regional School District No. 509/Appellees.

OPINION

KESSLER, Judge.

¶ 1 Dr. Sandra Dowling, former Maricopa County Superintendent of Schools ("Dowling" or "Superintendent"), appeals from the superior court's order granting the motion of the Maricopa County Board of Supervisors ("Board") to strike her various motions ("Strike Order") in Nos. CV 2006-014285 ("Treasurer Case") and CV 2006-052611 ("District Case").1 The Superintendent argues that the Strike Order erroneously...

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