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RINGLING BROS. v. SUPERIOR CT. OF PIMA COUNTY

No. 2 CA-CIV 4850.

140 Ariz. 38 (1983)

680 P.2d 174

RINGLING BROS. & BARNUM & BAILEY COMBINED SHOWS, INC., Petitioner, v. The SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA; The Honorable Harry Gin, a judge thereof, and Fidel Farias, on behalf of himself and his son Julio Farias, and as Personal Representative of the Estate of his minor son, (Alfredo) Julio Farias; Rosalba Farias, individually and as wife of Fidel Farias and mother of Julio Farias; Carmeline Farias, Gregorio Farias, Farrah Marie Farias, individually and as brother and sisters of Julio Farias, real parties in interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 11, 1984.

Review Denied April 19, 1984.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, by Steven C. Lester and Jefferson L. Lankford, Phoenix, for petitioner.

John F. Day, Phoenix, for respondents real parties in interest.

OPINION

HATHAWAY, Judge.

This special action was taken from the respondent court's denial of the petitioner's motion to dismiss for lack of subject matter jurisdiction and motion for reconsideration. In light of our conclusion that the trial court abused its discretion in denying the petitioner's motion and that the petitioner's ultimate right to appeal is not an equally plain, speedy and adequate remedy, we accept jurisdiction and vacate the trial court's...

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