Fund v. Superior Court

HOWARD, Judge.

{1] Petitioner has filed.this special action questioning the order of the trial court denying its motion for summary judgment. Relief by means of special action is appropriate. Cf. Issacs v. Superior Court, 15 Ariz.App. 232, 487 P.2d 1044 (1971).

The facts are not in dispute. In August of 1970, the respondent Jesus B. Jaime, filed an action in the trial court naming the petitioner as one of the defendants. Before setting forth the allegations of the complaint, a brief history of previous events in litigation is helpful.

On 16 November 1965, the Industrial Commission issued to…