Engle Bros. v. SUPERIOR CT., IN & FOR CTY. OF PIMA

OPINION

Should the respondent court have granted petitioner’s motion to dismiss a complaint against it? That is the sole question presented in this special action proceeding. Since denial of a motion to dismiss is an interlocutory, nonappealable order, appellate intervention via special action is appropriate. Industrial Commission v. Superior Court, 5 Ariz.App. 100, 423 P.2d 375 (1967).

The following is a brief summary of what transpired below prior to the challenged ruling. Respondent real parties in interest filed a complaint against petitioner in September 1973, seeking to recover damages…