Brush Wellman, Inc. v. Lee

OPINION

PELANDER, Presiding Judge.

¶ 1 This special action presents the following issue: After an appellate court reverses a trial court ruling and remands a case to the trial court for further proceedings, is a party entitled to a peremptory removal of a judge pursuant to Rule 42(f)(1), Ariz. R. Civ. P., 16 A.R.S., if that party had already exercised the right before the case was appealed? Based on the limitation in A.R.S. § 12-411(A) to one change of judge in any action, we conclude that, once a party has exereised the right to a peremptory change of judge, it is not renewed upon remand after…