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LIM v. SUPERIOR COURT IN AND FOR PIMA COUNTY

No. 2 CA-CIV 3616.

126 Ariz. 481 (1980)

616 P.2d 941

Harold LIM and Phyllis Lim, husband and wife; and Barbara Kooistra Hamm, Petitioners, v. SUPERIOR COURT of the State of Arizona In and For the COUNTY OF PIMA, and Commissioner Lawrence K. Bret Harte, Pima County Court Commissioner, and Lawrence G. Moore, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied August 6, 1980.

Review Denied September 11, 1980.

Attorney(s) appearing for the Case

Bilby, Shoenhair, Warnock & Dolph, P.C., by Lina S. Rodriguez, Tucson, for petitioners.

John William Johnson by Christopher Paul Tabing, Tucson, for respondent real party in interest.

OPINION

HATHAWAY, Chief Judge.

Petitioners challenge the respondent court's refusal to grant their motion for summary judgment and motion for rehearing and reconsideration, alleging that the real party in interest's claim is barred by the Statute of Limitations. Since petitioners have no plain, speedy and adequate remedy by appeal, and because our granting of relief will terminate this litigation, we assume jurisdiction. Scottsdale Jaycees v. Superior Court...

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