Canteen Corp. v. SUP. COURT IN & FOR PIMA CTY.

OPINION

HOWARD, Presiding Judge.

Petitioner brought this special action from the trial court’s denial of its motion to dismiss the real party in interest’s complaint on the ground that the statute of limitations had run. Special action review is particularly appropriate where the issue of the statute of limitations has been raised and, where that claim is denied incorrectly, there is no plain, speedy or adequate remedy by appeal. Lim v. Superior Court in and for County of Pima, 126 Ariz. 481, 616 P.2d 941 (App.1980).

The litigation centers around an automobile accident which occurred on April…