HOLM DEV. & MGT., INC. v. SUPERIOR COURT

No. 1 CA-SA 88-195.

161 Ariz. 376 (1989)

778 P.2d 1272

HOLM DEVELOPMENT AND MANAGEMENT, INC., an Arizona corporation; Arthur Holm, a married man; Schwenn & Associates, Ltd., an Arizona corporation, Petitioners, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Alan S. Kamin, a judge thereof, Respondent Judge, STEVENS/LEINWEBER/SULLENS, INC., an Arizona corporation; E-Electric Company, an Arizona corporation; and Blue Circle Atlantic, Inc., an Arizona corporation, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

June 1, 1989.


Attorney(s) appearing for the Case

Ridenour, Swenson, Cleere & Evans by John T. Moshier and Beth J. Shapiro, Phoenix, for petitioners.

Shull, Wortman & Watland, P.C. by Robert A. Shull, Phoenix, for real party in interest, Blue Circle Atlantic.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Michael P. West, Phoenix, for real party in interest, Stevens/Leinweber/Sullens, Inc.

Jennings, Kepner & Haug by Mark E. Barker, Phoenix, for real party in interest, E-Elec. Co.


OPINION

KLEINSCHMIDT, Judge.

In this special action we address the effect of filing an appeal from an order denying a motion to compel arbitration. We hold that such an appeal divests the trial court of jurisdiction over the case for every purpose except that of entering orders in furtherance of the appeal or of entering orders to perpetuate the testimony of witnesses pursuant to Rule 27(b), Arizona Rules of Civil Procedure.

The petitioners are a developer...

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