Valenzuela v. State

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DIVISION ONE FILED: 02-23-2010 PHILIP G. URRY,CLERK BY: DN IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE MELINDA GABRIELLA VALENZUELA, ) ) Plaintiff/Appellant, ) ) v. ) ) STATE OF ARIZONA, ) ) Defendant/Appellee. ) ) ) ) __________________________________) Judges Sheldon H. Weisberg, Court of Appeals Division One No. 1 CA-CV 09-0656 Maricopa County Superior Court No. LC2009-000391-001 DT DEPARTMENT M DECISION O R D E R Philip Hall, and John C. Gemmill have reviewed the answering brief, in which appellee State of Arizona concedes error. The superior court dismissed the complaint based on the State s argument in its motion to dismiss that appellant Melinda Gabriella Valenzuela violated the vexatious litigant order concerning Valenzuela because Valenzuela did not obtain permission to file the complaint. its answering discovery brief, that the State Valenzuela concedes applied for error and based was authorization to file the complaint in this matter. asks this court to vacate the judgment superior court for further proceedings. and remand on In its granted It thus to the 1 CA-CV 09-0656 Page 2 of 2 IT IS ORDERED vacating the dismissal order entered in the superior court on August 20, 2009, and remanding the case to the superior court for further proceedings. /S/______________________ SHELDON H. WEISBERG PRESIDING JUDGE

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