TRUJILLO v. BRASFIELD

No. 2 CA-CIV 2810.

119 Ariz. 8 (1978)

579 P.2d 46

John Clark TRUJILLO and R.E. Lee Mechanical Contracting, Inc., Petitioners, v. Tanya Katrina BRASFIELD, a protected person by Connie Aguilar, guardian and conservator, and Mary A. Brasfield, widow of Harold Brasfield, Deceased, and Mary A. Brasfield, as Personal Representative of Mark H. Brasfield, James D. Brasfield, Kathryn A. Brasfield, Joan M. Brasfield, and Tanya Katrina Brasfield, the State Compensation Fund, and the Honorable Gilbert Veliz, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 21, 1978.

Review Denied April 18, 1978.


Attorney(s) appearing for the Case

Mesch, Marquez & Rothschild, P.C. by Alfred C. Marquez, Tucson, for petitioners.

Vincent E. Odgers, Tucson, for Tanya Brasfield.

Barber, Haralson & Kinerk, P.C. by Burton J. Kinerk, Tucson, for respondents Brasfield.


OPINION

HATHAWAY, Judge.

Petitioners bring this special action to challenge the denial of their motion for leave to file an amended answer and motion to dismiss. The denials of such motions are not appealable orders, A.R.S. § 12-2101 (as amended), and we think relief by way of special action is appropriate in this case where our decision will effectively terminate the litigation.

Petitioners are the defendants in two actions filed by the respondents...

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