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ALVARADO v. THOMSON

No. 1 CA-SA 16-0051.

375 P.3d 77 (2016)

Ernest ALVARADO, Petitioner, v. The Honorable Peter A. THOMSON, Judge of the Superior Court of the State of Arizona, in and for the County of MARICOPA, Respondent Judge, Nicholas Murrietta; Vanessa Raquel Trujillo; Yvette Alvarado, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

FILED and AMENDED May 31, 2016.

Attorney(s) appearing for the Case

Ellsworth Family Law, P.C., Mesa, By Spencer T. Schiefer, Counsel for Petitioner.

Davis Miles McGuire Gardner PLLC, Tempe, By Douglas C. Gardner, Counsel for Real Parties in Interest.

Judge Samuel A. Thumma delivered the opinion of the Court, in which Presiding Judge Kent E. Cattani and Judge Randall M. Howe joined.

OPINION

¶ 1 The core issue in this special action is whether the superior court properly found that intentionally creating and using a fraudulent acknowledgment of paternity, listing the wrong biological father to avoid the adoption process, constitutes a fraud upon the court. Because the fraudulent acknowledgment circumvented...

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