BAILEY v. SUPERIOR COURT IN AND FOR PIMA

No. 2 CA-SA 162.

143 Ariz. 494 (1985)

694 P.2d 324

Frederick F. BAILEY, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and Harry Gin, a Judge Thereof, Respondents, and Hazel B. HOLMES, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

January 4, 1985.


Attorney(s) appearing for the Case

Karp & Levy, P.C. by Michael D. Bartz, Tucson, for petitioner.

Martin H. Schulman, Tucson, for respondent Holmes.


OPINION

HATHAWAY, Judge.

This special action was taken from the order of the trial court denying petitioner's motion to dismiss based on the expiration of the applicable statute of limitations. Because we conclude that the trial court abused its discretion in denying the motion, and because petitioner has no equally plain, speedy and adequate remedy by way of appeal, we accept jurisdiction and grant relief in part. The following facts are pertinent to our...

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