Opinion
No. 1 CA-SA 11-0183
08-11-2011
ARTHUR J. PETRIE and CAROLYN J. PETRIE, husband and wife; MARTIN H. HOLMES and TAMI HOLMES, husband and wife; and ARTHUR J. PETRIE, III and JENNIFER L. PETRIE, husband and wife, Petitioners, v. THE HONORABLE JOHN A. BUTTRICK, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of MARICOPA, Respondent Judge, RES-AZ THREE, LLC, Florida limited liability company; as assignee for MULTIBANK 2009-1 RES-ADC VENTURE, LLC, a Delaware limited liability company; as assignee for FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for SILVER STATE BANK, Real Parties in Interest.
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED
EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
See Ariz. R. Supreme Court 111(c); ARCAP 28(c);
Ariz. R. Crim. P. 31.24
Maricopa County
Superior Court
No. CV 2011-003618
DECISION ORDER
The Court, Presiding Judge Lawrence F. Winthrop, Judge Michael J. Brown, and Judge Peter B. Swann, participating, has considered the petition for special action, the response, the reply, and the appendices thereto.
Petitioners assert that the trial court erred in denying their motion to dismiss for improper venue. We disagree. The trial court did not abuse its discretion because the provisions of the guaranty and the original promissory note, not the settlement agreement, resolve the question of venue.
Accordingly, and upon consideration,
IT IS HEREBY ORDERED accepting jurisdiction of the petition for special action. See Lakritz v. Superior Court, 179 Ariz. 598, 599, 880 P.2d 1144, 1145 (App. 1994) ("[D]enial of a motion for change of venue is a nonappealable order that is appropriately reviewed by special action.").
IT IS FURTHER ORDERED denying relief.
MICHAEL J. BROWN, Judge