Curtis v. Morris

OPINION

MARTONE, Justice.

We are asked to resolve a conflict between Division One and Division Two of the Court of Appeals over whether the expansion of the definition of forcible detainer in A.R.S. § 12-1173.01 to include transactions in which property is sold means that the merits of title may now be tried in an action for forcible detainer, notwithstanding the contrary provision of A.R.S. § 12-1177(A). We agree with Division One that § 12-1173.01 has no such effect and that the prohibition against inquiring into the merits of title under § 12-1177(A) in a forcible detainer action is alive…