Valenzuela v. Brown

OPINION

PELANDER, Judge.

In this special action we are asked to decide whether a party is entitled to a peremptory change of judge under Ariz.R.Civ.P. 42(f)(1)(E), 16 A.R.S., after the dismissal of the party’s case by summary judgment has been reversed on appeal. We answer that question in the affirmative and necessarily conclude that the respondent trial judge abused his discretion in denying petitioners that right. Petitioners have no “equally plain, speedy, and adequate remedy by appeal,” Ariz.R.P.Spec. Action 1 and 4, 17B AR.S., and a special action is the proper method for obtaining review…