Corella v. SUPERIOR COURT IN & FOR PIMA CTY.

OPINION

HATHAWAY, Judge.

Petitioner brought this special action from the trial court’s denial of his motion for summary judgment. Because we believe the trial court acted in excess of its jurisdiction, and because our disposition would effectively terminate the instant litigation, we assume jurisdiction and grant relief.

Petitioner was involved in a traffic collision on July 7, 1983, and admitted to Kino Community Hospital. He was eventually discharged on October 1, 1983, and on October 27, Pima Health Plan verified and filed a notice of lien with the county recorder and mailed copies both to…