Opinion
No. 1 CA-SA 13-0328
01-14-2014
SCOTT HOLMBERG, Petitioner, v. THE HONORABLE STEVEN K. HOLDING, Judge Pro Tempore of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of MARICOPA, Respondent, ARIZONA DEPARTMENT OF ECONOMIC SECURITY; JULIA MRAOVICH, Real Parties in Interest.
Scott Holmberg, Scottsdale Petitioner in propria persona Arizona Attorney General's Office, Phoenix By Carol A. Salvati Counsel for Real Party in Interest Arizona Department of Economic Security
NOTICE: NOT FOR PUBLICATION.
UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT
AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.
Petition for Special Action from the Superior Court in Maricopa County
No. FC2006-052712
The Honorable Steven K. Holding, Judge Pro Tempore
JURISDICTION ACCEPTED; RELIEF GRANTED
COUNSEL
Scott Holmberg, Scottsdale
Petitioner in propria persona
Arizona Attorney General's Office, Phoenix
By Carol A. Salvati
Counsel for Real Party in Interest Arizona Department of Economic Security
DECISION ORDER
Judge Peter B. Swann delivered the decision of the Court, in which Presiding Judge Andrew W. Gould and Judge Jon W. Thompson joined. SWANN, Judge:
¶1 The court considered this special action at conference on January 8, 2014. After consideration, and for the reasons that follow,
IT IS ORDERED accepting jurisdiction and granting relief.
¶2 On November 21, 2013, the superior court issued a Child Support Arrest Warrant based on Petitioner's failure to make child support payments. The court set a $2,500 cash purge amount for the arrest warrant. The record shows, and the state concedes, that Petitioner has paid the purge amount in full. We therefore conclude that no cause exists for the continued force of the arrest warrant. Our previous order requiring the superior court to quash the arrest warrant on a provisional basis is hereby affirmed as a final decision.
¶3 This decision order shall not operate to deprive the superior court of jurisdiction to conduct any further proceedings in this case, including proceedings to enforce Petitioner's child support obligations by means of civil or criminal contempt proceedings if the circumstances warrant.