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KELLY v. PERRY

No. 11789.

111 Ariz. 382 (1975)

531 P.2d 139

Brian J. KELLY, Petitioner, v. The Hon. David J. PERRY, Maricopa County Superior Court Division 31, and Albert M. Coury, Sr. and Yvonne Coury, his wife, Bill Coury, Tony Coury, Jr. and Marie Coury, his wife, Tony Coury, Sr. and Carmen Coury, his wife, Al "Butch" Coury and Mary Coury, his wife, Coury Bros. Ranches, Inc., an Arizona corporation, Coury Enterprises, Inc., an Arizona corporation, and Riviera Properties, Inc., an Arizona corporation, the real parties in interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 4, 1975.

Attorney(s) appearing for the Case

Goldstein, Mason, Bistrow & Ramras, Ltd. by Philip T. Goldstein, David N. Ramras, Phoenix, for petitioner.

Snell & Wilmer by James A. Honer, Phoenix, for respondents.

STRUCKMEYER, Vice Chief Justice.

By this special action, petitioner seeks to prohibit the Superior Court of Maricopa County from entering an order canceling a lis pendens. It was brought under Rule 2, Special Actions, Rules of Procedure, 17A A.R.S. Rule 2 provides in part:

"Any person who previously could institute an application for a writ of mandamus, prohibition, or certiorari may institute proceedings for a special action."

Prohibition lies where...

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