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FOREST CITY DILLON v. SUPER. CT. IN & FOR PIMA

No. 2 CA-SA 001.

138 Ariz. 410 (1984)

675 P.2d 297

FOREST CITY DILLON, INC., an Ohio corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA; The Honorable James C. Carruth; and the following real parties in interest: United Sheet Metal of Arizona, Inc., an Arizona corporation; United Pacific Insurance Company, a foreign corporation; Hellmuth, Obata & Kassabaum, a foreign corporation; Norman S. Wright, an Arizona corporation; Marshall Trim Aire, a partnership; Tenaire, Inc., an Arizona corporation; General Air Control, an Arizona corporation, Respondents.

Court of Appeals of Arizona, Division 1.

January 10, 1984.

Attorney(s) appearing for the Case

David G. Eisenstein, Tucson, for petitioner.

Shimmel, Hill, Bishop & Gruender, P.C. by Kenneth C. Sundlof, Jr., Phoenix, for respondents United Sheet Metal of Arizona and United Pacific Ins. Co.

Chandler, Tullar, Udall & Redhair by Joe F. Tarver, Tucson, for respondent Hellmuth, Obata & Kassabaum.

Norton, Burke, Berry & French, P.C. by Edward O. Burke, Phoenix, for respondent Norman S. Wright.

Bury & Moeller, P.C. by David C. Bury, J. Emery Barker, Tucson, for respondent Marshall Trim Aire.

Crampton, Woods, Broening & Oberg by James R. Broening, Phoenix, for respondent Tenaire, Inc.

Dennis A. Rosen, Tucson, for respondent General Air Control.

OPINION

HATHAWAY, Judge.

The sole issue raised in this special action is whether the trial court abused its discretion when it entered an order staying arbitration and denying an application to compel arbitration. We accept jurisdiction here because we conclude that the trial court's denial of the application for arbitration is without precedent or support in the law and cannot be justified. Western Waste Service...

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