Taliaferro v. Taliaferro

OPINION

MARTONE, Justice.

We granted review in this marital dissolution action to consider whether the failure of a trial judge to honor a notice of change of judge under Rule 42(f)(1), Ariz. R. Civ. P., affects the subject matter jurisdiction of the superior court. We hold that it does not. We also hold that a party aggrieved by the denial of a notice of change of judge must seek timely review by way of special action relief.

I. THE RELEVANT PROCEEDINGS

Husband brought an action against wife for dissolution of their marriage. On January 27, 1993, Judge William Topf granted husband’s petition for…