Gittner-Louviere Engineering, Inc. v. Superior Court

OPINION

HOWARD, Chief Judge.

Petitioner brings this special action to challenge the respondent court’s refusal to grant a motion for dismissal with prejudice or in the alternative a motion for summary judgment. Special action is the only remedy available since the denial is not an appealable order. We take jurisdiction and grant relief.

*411In June, 1975, the respondent trustee and the respondents Bennitt filed a complaint alleging that they owned certain real estate in Pinal County adjacent to certain subdivided property known as Mountain View Estates, that the defendants, including petitioner,…