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HUERTA v. NELSON

No. 1 CA-SA 09-0026.

213 P.3d 193 (2009)

Alfredo HUERTA, Petitioner, v. The Honorable John N. NELSON, Judge of the Superior Court of the State of Arizona, in and for the County of Yuma, Respondent Judge, Alberto Huerta; Angela Huerta; Leticia Guerrero, Real Parties in Interest.

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

June 16, 2009.

Attorney(s) appearing for the Case

Clark & Associates By A. James Clark, Yuma, Attorneys for Petitioner.

Gammage & Burnham, P.L.C. By Richard J. Mahrle, Jonathan A. Bennett, Phoenix, Attorneys for Real Party in Interest Leticia Guerrero.

Murphy, Schmitt, Hathaway & Wilson, P.L.L.C. By Selmer D. Lutey, Prescott, Attorneys for Real Party in Interest Alberto Huerta.

Jardine Baker Hickman & Houston, P.L.L.C., By Michael Warznski, Phoenix, Attorneys for Leticia Guerrero as Representative of the Trust.

OPINION

JOHNSEN, Judge.

¶ 1 We hold in this special action that a party whose case becomes consolidated with another may not thereafter exercise a peremptory change of judge pursuant to Arizona Rule of Civil Procedure ("Rule") 42(f)(1) if a party on the same "side" in the other case already has exercised a peremptory change of judge.1

FACTUAL AND PROCEDURAL HISTORY...

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