Edgar v. Garrett

MOLLOY, Chief Judge.

These extraordinary writ proceedings challenge the trial court’s jurisdiction in ordering that a case be replaced on the active calendar. Being of the opinion that the jurisdictional attack was meritorious, we granted certiorari. Although an order vacating an order of dismissal is appealable, Young Mines Co., Ltd. v. Blackburn, 22 Ariz. 199, 196 P. 167 (1921), see also Arnold v. Van Ornum, 4 Ariz. App. 89, 417 P.2d 723 (1966), the unusual posture of this case justified prompt appellate intervention.

The procedural chronology is as follows. In July, 1963, a complaint was…