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STATE v. BOYKIN

No. 2 CA-CIV 1271.

18 Ariz. App. 365 (1972)

502 P.2d 166

STATE of Arizona and James J. Hegarty, in his official capacity as Superintendent of the Department of Public Safety, Petitioners, v. Richard J. BOYKIN et al., Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 24, 1972.

Review Granted January 16, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, by John S. O'Dowd, Asst. Atty. Gen., Tucson, for petitioners.

Miller, Pitt & Feldman, P.C. and Soble, Cole & Meehan, P.C., by James C. Carruth, Tucson, for respondents.

KRUCKER, Chief Judge.

This special action challenges the lower court's denial of a motion to dismiss the respondents' complaint, attacking the sufficiency of the complaint to state a claim for relief. Since an order denying a motion to dismiss is an interlocutory non-appealable order, appellate intervention at this juncture is appropriate to prevent the trial court from proceeding when no cause of action exists. Industrial Commission v. Superior Court,

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