Legal Opinion
Kelly v. Perry
Arizona Supreme Court
Decided January 30, 1975No. 11789PublishedCited by 30 opinions
1Opinion of the Court
STRUCKMEYER, Vice Chief Justice.
By this special action, petitioner seeks to prohibit the Superior Court of Maricopa County from entering an order canceling a lis pendens. It was brought under Rule 2, Special Actions, Rules of Procedure, 17A A.R.S. Rule 2 provides in part:
“Any person who previously could institute an application for a writ of mandamus, prohibition, or certiorari may institute proceedings for a special action.”
Prohibition lies where an inferior court is acting in excess of or without jurisdiction and injustice is apt to occur if the appellate court does not intervene.…
2Cases cited8 opinions
- Phoenix Newspapers, Inc. v. Superior CourtArizona Supreme Court · 1966
- Caruso v. Superior Court in and for County of PimaArizona Supreme Court · 1966
- Beefy King International, Inc. And Iea Corporation v. Francis T. VeigleCourt of Appeals for the Fifth Circuit · 1972
- Dice v. BenderSupreme Court of Pennsylvania · 1955
- Stewart v. FaheyCourt of Appeals of Arizona · 1971
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Procacci v. ZaccoDistrict Court of Appeal of Florida · 1981
- Bt Capital v. Td Service Co. of ArizonaArizona Supreme Court · 2012
- Wendy's of So. Jersey, Inc. v. Blanchard Manage. Corp.New Jersey Superior Court Appellate Division · 1979
- Ballard v. 1400 Willow Council of Co-Owners, Inc.Kentucky Supreme Court · 2013
- White v. WensauerSupreme Court of Oklahoma · 1985
25 more not listed; retrieve them via the Exa API.