Rhodes v. Fisher

OPINION

HATHAWAY, Judge.

Petitioners’ special action challenges the respondent court’s refusal to honor petitioners’ notice of change of judge. Because the petitioners are without an adequate remedy by appeal, and because the respondent court proceeded in excess of her jurisdiction, we assume jurisdiction and grant relief.

The real parties in interest are plaintiffs in a case filed on March 29, 1982, alleging as causes of action against the petitioners consumer fraud, racketeering, common law fraud, breach of contract and violation of truth-in-lending laws. On September 6, 1983, the real parties…