Church of Jesus Christ of Latter Day Saints v. Superior Court

HATHAWAY, Presiding Judge.

These special actions have been taken from the trial court’s denial of motions for summary judgment filed by the two petitioners. Since the trial court’s denials of the petitioners’ motions were interlocutory, non-appealable orders, see A.R.S. § 12-2101, and since these cases present no disputed issues of material fact which necessitate presention to a trier of fact, special action jurisdiction is appropriate and we grant relief.

The facts show that on July 27, 1983, Chris Stewart, an eleven-year-old boy, was struck by an automobile while riding his bicycle on Chapel…