McKinney v. Superior Court

HAIRE, Judge.

In this special action proceeding, petitioner seeks relief from an order entered by the respondent trial judge denying petitioner’s application for change of venue. Petitioner’s only contention is that as the defendant in an action for separate maintenance, he is entitled to be sued in the county in which he resides.

The respondent real party in interest (plaintiff in the trial court) filed her complaint in the Maricopa County Superior Court seeking separate maintenance relief pursuant to the provisions of A.R.S. § 25-341. The defendant (petitioner . herein) timely requested a…