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GILA VALLEY IRR. DIST. v. SUPERIOR COURT

No. 2 CA-CIV 4900.

144 Ariz. 302 (1983)

697 P.2d 695

GILA VALLEY IRRIGATION DISTRICT, Scott L. Pace, Dennis Layton, and Ted Lee, individually and as members of the Board of Directors of Gila Valley Irrigation District, Petitioners, v. The SUPERIOR COURT of the State of Arizona In and For the COUNTY OF GRAHAM, and the Honorable Lloyd Fernandez and G.R.L. Construction, Inc., an Arizona corporation, real party in interest, Respondents.

Court of Appeals of Arizona, Division 1.

November 16, 1983.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by Kent A. Blake, Phoenix, Udall, Shumway, Blackhurst, Allen, Lyons & Davis, P.C. by David K. Udall, Mesa, and Anderson & Welker, P.C. by Dudley S. Welker, Safford, for petitioners.

Alex A. Gaynes, Tucson, and Michael A. Carragher, Safford, for real party in interest.

OPINION

BIRDSALL, Judge.

This special action was taken from the order of the Graham County Superior Court setting aside its previous order dismissing the action with prejudice. Because we conclude that dismissal with prejudice is mandatory in this case and that petitioners have no equally plain, speedy and adequate remedy by appeal, we accept jurisdiction and vacate the trial court's order setting aside the dismissal.

The action was originally brought...

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