State Ex Rel. McDougall v. Martone

849 P.2d 1373, 174 Ariz. 343, 1993 Ariz. LEXIS 57

Opinion

ORDER

The Court granted review of this case oh February 17, 1993, it was argued to the Court on April 15, 1993, and thereafter considered in conference.

Chief Justice Feldman and Justice Zlaket concluded that the Court of Appeals erred in its analysis and disposition and voted to vacate the Court of Appeals' opinion and affirm the Superior Court judge’s order. Vice Chief Justice Moeller and Justice Cor-coran would affirm the magistrate’s order and thus merely vacate the grant of review as improvident. Justice Martone, who was the Superior Court judge in this case, re-cused himself and did not participate in the determination of this matter.

There being no majority,

IT IS ORDERED that the February 17, 1993 order granting review is vacated and the Petition for Review is dismissed.