Legal Opinion · Dissent

Juvenile in Mohave County Juvenile Court v. Superior Court

Court of Appeals of Arizona

Decided June 12, 1997No. 1 CA-SA 96-0315Published

1DissentKleinschmidt, Judge

I would grant relief. I agree that the word “contested” applies to both “matter” and “hearing” as those terms are used in the rule. I do not agree that the disposition hearing was contested.

A hearing is contested if there is a disputed issue between the parties which the judge must resolve. Lewis v. Kelliher, 171 Ariz. 228, 829 P.2d 1274 (App.1992) (quoting Sarchett v. Superior Court, 168 Ariz. 321, 323, 812 P.2d 1139, 1141 (App.1991)). By definition, no dispute exists between parties who have entered into stipulations on each issue to be decided. See Wolf Corp. v. Louis, 11 Ariz.App. 352,…

2Cases cited3 opinions

  1. Wolf Corporation v. LouisCourt of Appeals of Arizona · 1970
  2. Lewis v. KelliherCourt of Appeals of Arizona · 1992
  3. Sarchett v. Superior CourtCourt of Appeals of Arizona · 1991

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