HOLMBERG v. HON. MORTON/ADES/MRAOVICH

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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 DIVISION ONE FILED: 5/21/2013 RUTH A. WILLINGHAM, CLERK BY: mjt IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE SCOTT HOLMBERG, ) ) Petitioner, ) ) v. ) ) THE HONORABLE WENDY MORTON, ) Commissioner of the SUPERIOR ) COURT OF THE STATE OF ARIZONA, ) in and for the County of ) MARICOPA, ) ) Respondent Commissioner, ) ) ARIZONA DEPARTMENT OF ECONOMIC ) SECURITY, JULIA MRAOVICH ) ) Real Parties in Interest. ) __________________________________) No. 1 CA-SA 13-0098 DEPARTMENT C Maricopa County Superior Court No. FC2006-052712 DECISION ORDER The court, Judge Peter B. Swann presiding and Judges Diane M. Johnsen and Randall M. Howe participating, has considered this matter at conference on May 14, 2013. IT IS ORDERED accepting jurisdiction and granting relief, as follows: 1. In its response, the state concedes that the court lacked power to issue the Child Support Arrest Warrant because Petitioner was notice. The record also indicates that Petitioner has paid the purge amount. not provided with adequate We therefore conclude that no 1 CA-SA 13-0098 Page 2 cause exists for the continued force of the January 3, 2013 Child Support Arrest Warrant. 2. The trial court has been ordered to quash the Child Support Arrest Warrant on a provisional basis. That order is hereby affirmed as a final decision of the Court of Appeals. 3. This Decision Order shall not operate to deprive the superior court of jurisdiction to conduct all necessary proceedings in this case, including proceedings to enforce Petitioner s child support obligations. /s/ ___________________________________ PETER B. SWANN, Presiding Judge 2

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