SCA Construction Supply v. Aetna Casualty & Surety Co.

CAMERON, Justice.

I. JURISDICTION

Defendant, Aetna Casualty and Surety Co. (Aetna), appeals from a court of appeals decision reversing the trial court’s order dismissing all claims against Aetna for failure of the claimant to join an indispensable party. We have jurisdiction pursuant to Ariz.Const. art. 6, § 5(3), A.R.S. § 12-120.24, and Ariz.R.Civ.App.R. 23.

II. ISSUE

We must answer the following question on review:

1. Under Arizona’s Little Miller Act (A.R.S. § 34-221, et seq.) must a claimant who is seeking to recover from the surety on a payment bond furnished by a general contractor comply…