State v. Boykin

KRUCKER, Chief Judge.

This special action challenges the lower court’s denial of a motion to dismiss the respondents’ complaint, attacking the sufficiency of the complaint to state a claim for relief. Since an order denying a motion to dismiss is an interlocutory nonappealable order, appellate intervention at this juncture is appropriate to prevent the trial court from proceeding when no cause of action exists. Industrial Commission v. Superior Court, 5 Ariz.App. 100, 423 P.2d 375 (1967).

Accepting the well-pleaded allegations of the complaint as true, as is our duty, we find the following…