Great Western Bank & Trust v. Myers

HAYS, Chief Justice.

In this special action in the nature of prohibition, we are asked to find that the respondent judge has no jurisdiction to proceed to a hearing to consider respondent Holmes’s request for attorney’s fees. We are asked to prohibit the judge from proceeding with such a hearing. We hereby deny the requested relief for the reasons set forth in the following opinion.

The background of the case can be found in the numerous opinions which have taken place previously. See, e. g., O’Brien v. Transamerica Title Ins. Co., 11 Ariz.App. 343, 464 P.2d 663 (1970), O’Brien v. Superior…