No. 1 CA-CV 93-0351.

184 Ariz. 393 (1995)

909 P.2d 460

Brian W. CURTIS and Hallie Dawes Curtis, husband and wife, Plaintiffs-Appellees, v. Perlie Logue MORRIS, a single man, Defendant-Appellant.

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

Review Granted January 17, 1996.

Attorney(s) appearing for the Case

Kenneth E. Chase, P.C. by Kenneth E. Chase, Scottsdale, for plaintiffs-appellees.

Ivy L. Kushner, Scottsdale, for defendant-appellant.


McGREGOR, Judge.

The primary issue before us is whether a court should dismiss a forcible entry and detainer (FED) action on grounds of abatement when an earlier-filed action seeking ejectment is pending. Because abatement bars the later action only if it raises issues substantially identical to those raised by the earlier action, we must determine whether Arizona's amended statutory scheme for FED actions permits the trial court to inquire into the...

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