State ex rel. McDougall v. Superior Court

OPINION

GARBARINO, Judge.

This case arises from a superior court order vacating a Phoenix city court’s judgment against Anaroberta C. Blendu (defendant) in a civil traffic case. In vacating the judgment, the superior court found that the city’s failure to file a responsive memorandum constituted a confession of error. The city brought this special action, seeking this court’s ruling that it did not confess error by failing to file an appellate memorandum. In the exercise of our discretion, we accepted special action jurisdiction because the city lacks an adequate remedy by appeal.…