Garcia v. Frey

MOLLOY, Judge.

The petitioner having applied to this court for extraordinary relief, and deeming certiorari an appropriate remedy under the circumstances, see Genda v. Superior Court, 103 Ariz. 240, 439 P.2d 811 (1968), we issued a writ of certiorari to review the trial court’s action in denying the petitioner’s motion to dismiss a pending action.

Mr. and Mrs. Montes, husband and wife, on November 30, 1966, filed a complaint in superior court against certain named defendants including the petitioner, seeking to recover for personal injuries. The petitioner was served with an alias summons and…