Wingate v. Gin

OPINION

HOWARD, Judge.

Petitioner challenges the respondent judge’s refusal to grant his motion for summary judgment. Since petitioner has no plain, speedy and adequate remedy by appeal, and because our granting relief will terminate this litigation, we assume jurisdiction. Lim v. Superior Court, 126 Ariz. 481, 616 P.2d 941 (App.1980).

Petitioner is the plaintiff in a pending superior court action, and the real parties in interest, Fast Foto, Inc., and the Sandahls, are the defendants. On August 6, 1981, Fast Foto executed a standard shopping center lease agreement for approximately 1,750 square…