Florez v. Sargeant

I respectfully dissent from the court’s opinion for three reasons:

1. These are not the “rare, extraordinary cases” in which this court’s intervention by special action is justified but simply cases presenting routine legal issues in which such relief from this court “is almost always inappropriate.” Opinion at 524, 917 P.2d at 253.

2. The opinion incorrectly characterizes both the facts presented in the cross-motions for summary judgment and the issues raised in this court.

3. Beginning with an incorrect picture of the facts and issues, the court inevitably misapplies the law.

A. Special action…