Huerta v. Nelson

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

¶ 2 Petitioner Alfredo Huerta is the son of the decedent in a probate case filed in Yuma County in 2003 that initially was assigned to the Honorable John Paul Plante. As an heir to the estate, Petitioner appeared through counsel and…