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RILEY v. SUPERIOR COURT, ETC.

No. 2 CA-CIV 2576.

116 Ariz. 89 (1977)

567 P.2d 1218

James J. RILEY and Mary Jo Riley, husband and wife, Petitioners, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and J. Richard Hannah, Judge thereof, Andrea MARTINEZ and Lydia Martinez, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 15, 1977.

Review Denied July 12, 1977.

Attorney(s) appearing for the Case

Slutes, Browning, Zlaket & Sakrison, P.C., by William D. Browning, Tucson, for petitioners.

Jack A. Ettinger, P.C., by Louis L. Deckter, Tucson, for real parties in interest.

OPINION

HOWARD, Chief Judge.

This special action seeks review of an order of the respondent court denying petitioner's motion to dismiss under Rule 6(f), Rules of Civil Procedure. The motion was based upon the fact that petitioners had not been served with process for more than one year after the complaint was filed by the real parties in interest. Since review by special action is appropriate in such instances, ...

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