Department of Revenue v. Southern Union Gas Co.

STRUCKMEYER, Vice Chief Justice.

This is an appeal by the Department of Revenue from the dismissal of its action by the Superior Court on the ground that the Department failed to bring its ease to trial under the provisions of A.R.S. § 42-152 A within ninety days. The Court of Appeals, Division One, 119 Ariz. 536, 582 P.2d 182 (App.1977), held that the statute was mandatory. It remanded for reconsideration by the Superior Court for the reason the Superior Court mistakenly believed that dismissal was the only remedy available. We granted review. Opinion of the Court of Appeals vacated. Reversed.