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NESMITH v. SUPERIOR COURT

No. 1 CA-SA 90-030.

164 Ariz. 70 (1990)

790 P.2d 768

Phillip NESMITH and Linda Nesmith, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Robert D. Myers, a judge thereof, Respondent Judge, CHIVES RESTAURANT, INC., an Arizona corporation, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

April 19, 1990.

Attorney(s) appearing for the Case

Snell & Wilmer by James H. Marburger and Steve D. Leach, Phoenix, for petitioners.

Teilborg, Sanders & Parks, P.C. by David J. Damron and Edythe H. Kelly, Phoenix, for real parties in interest.

OPINION

KLEINSCHMIDT, Judge.

We accept jurisdiction in this special action to settle whether the trial court improperly dismissed one of the plaintiff's claims as a sanction for abusing discovery. We hold that the trial court erred, and we vacate its order of dismissal without prejudice to reconsider appropriate sanctions upon a proper consideration of fact and proper application of law.

This case presented the trial judge with a frustrating dilemma...

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