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WARINNER v. SUPERIOR COURT OF MARICOPA COUNTY

No. 1 CA-CIV 2607.

21 Ariz. App. 328 (1974)

519 P.2d 81

Rockne WARINNER and Peggy Warinner, his wife, Petitioners, v. The SUPERIOR COURT OF MARICOPA COUNTY, Arizona; the Honorable Ed W. Hughes, a Judge thereof; David J. NOGGLE, Jr., a single man, Real Party in Interest; and Justine SPITALNY, a married woman doing business as Spitalny's Real Estate, Real Party in Interest, Respondents.

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

Rehearing Denied April 10, 1974.

Attorney(s) appearing for the Case

David W. Adler, Phoenix, for petitioners.

Burch, Cracchiolo, Levie, Guyer & Weyl, by C. Michael Pierce, Phoenix, for David J. Noggle, Jr., respondent-real party in interest.

OPINION

DONOFRIO, Presiding Judge.

In this special action petitioners Warinner seek reversal of the trial court's denial of their motion for summary judgment. The jurisdiction of this Court in special actions pertaining to the denials of motions for summary judgment is limited. It is to be extended sparingly. We believe, however, this is a case which comes within the pronouncements set forth in Southwest Cooperative Wholesale v. Superior Court,

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