Arizona Commission of Agriculture & Horticulture v. Jones

The majority of the court has permitted the use of the writ of prohibition to substitute for an appeal and in doing so deprived the respondents of what I consider very substantial rights.

In the lower court, petitioners answered plaintiffs’ (respondents) complaint; made motions to dismiss and to drop parties defendants ; controverted plaintiffs’ motion for summary judgment; and made motions to change the form of the summary judgment and to vacate the order granting plaintiffs’ motion for summary judgment. After entry of the judgment against them, petitioners sought a writ of prohibition. If…