Gila Valley Irrigation District v. Superior Court

OPINION

BIRDSALL, Judge.

This special action was taken from the order of the Graham County Superior Court setting aside its previous order dismissing the action with prejudice. Because we conclude that dismissal with prejudice is mandatory in this case and that petitioners have no equally plain, speedy and adequate remedy by appeal, we accept jurisdiction and vacate the trial court’s order setting aside the dismissal.

The action was originally brought by respondent G.R.L. Construction, Inc. (G.R.L.) in Maricopa County, naming as defendants the petitioners and the State of Arizona. Pursuant to…