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ENGLE BROS. v. SUPERIOR CT., IN & FOR CTY. OF PIMA

No. 2 CA-CIV 1831.

23 Ariz. App. 406 (1975)

533 P.2d 714

ENGLE BROTHERS, INC., a New Jersey Corporation, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, The Honorable Lee Garrett, a Judge thereof, Wilfred G. Barragan, Administrator of the Estates of Jesus Barragan and Delia Licon Barragan, Deceased, and Gloria, Edward, Carmen, Jesus, Jr. and Trina Barragan, children of the Decedents, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 29, 1975.

Review Denied June 10, 1975.

Attorney(s) appearing for the Case

Snell & Wilmer by Loren W. Counce, Jr., Phoenix, for petitioner.

Rees, Mercaldo & Smith, P.C. by Paul G. Rees, Jr., and Ronald D. Mercaldo, Tucson, for respondents.

OPINION

PER CURIAM.

Should the respondent court have granted petitioner's motion to dismiss a complaint against it? That is the sole question presented in this special action proceeding. Since denial of a motion to dismiss is an interlocutory, nonappealable order, appellate intervention via special action is appropriate. Industrial Commission v. Superior Court, 5 Ariz.App. 100, 423 P.2d 375

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