Physical Therapy Associates, Inc. v. Pinal County

OPINION

HATHAWAY, Chief Judge.

This appeal involves an action brought for breach of a restrictive covenant. The court below granted appellees’ motion to dismiss the action pursuant to Rule 12(b), Rules of Civil Procedure, 16 A.R.S. Appellant claims it was error for the court to grant the motion. We agree and reverse.

Appellant, Physical Therapy Associates, Inc. (PTA), is successor in interest to Life-mark Physical Therapy, Inc. (Lifemark). Lifemark and appellees, Pinal County and Pinal General Hospital (referred to collectively as the county), entered into a contract for Lifemark to provide…