Grady v. Barth

OPINION

NORRIS, Judge.

¶ 1 The issue in this special action is whether the superior court has discretion to deny a stay to a defendant in possession of property who is appealing a judgment in a forcible entry and detainer action when the plaintiff never had a landlord-tenant relationship with the defendant and, instead, purchased the property at a non-judicial trustee’s sale. As we explain, the answer is “no.”

FACTS AND PROCEDURAL BACKGROUND

¶ 2 The relevant facts are undisputed. In 2008, petitioners Michael and Jennifer Grady executed a promissory note secured by a deed of trust on improved…