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GITTNER-LOUVIERE ENGINEERING v. SUPERIOR COURT

No. 2 CA-CIV 2583.

115 Ariz. 409 (1977)

565 P.2d 915

GITTNER-LOUVIERE ENGINEERING, INC., an Arizona Corporation, Petitioner, v. SUPERIOR COURT OF PINAL COUNTY, Arizona, and the Honorable T.J. Mahoney, and J.E. Warne, Jr., as Trustee of the Warne Trust, J.G. BENNITT and Virginia H. Bennitt, husband and wife, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

June 9, 1977.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Stephen A. Myers, Phoenix, for petitioner.

Dushoff & Sacks by Robert V. Kerrick, Phoenix, for respondents.

OPINION

HOWARD, Chief Judge.

Petitioner brings this special action to challenge the respondent court's refusal to grant a motion for dismissal with prejudice or in the alternative a motion for summary judgment. Special action is the only remedy available since the denial is not an appealable order. We take jurisdiction and grant relief.

In June, 1975, the respondent trustee and the respondents Bennitt filed...

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