Curtis v. Morris

OPINION

McGREGOR, Judge.

The primary issue before us is whether a court should dismiss a forcible entry and detainer (FED) action on grounds of abatement when an earlier-filed action seeking ejectment is pending. Because abatement bars the later action only if it raises issues substantially identical to those raised by the earlier action, we must determine whether Arizona’s amended statutory scheme for FED actions permits the trial court to inquire into the validity of title, an inquiry central to an ejectment action. We hold that because the court cannot inquire into the validity of title in…