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LEMONS v. SUPERIOR COURT OF GILA COUNTY

No. 17153-SA.

141 Ariz. 502 (1984)

687 P.2d 1257

James LEMONS and Penelope Lemons, husband and wife, Petitioners, v. The SUPERIOR COURT OF GILA COUNTY, Arizona; and the Honorable Barry DeRose, Judge of the Superior Court of the State of Arizona in and for the County of Gila, Respondents, and ARIZONA STATE BOARD OF DIRECTORS FOR COMMUNITY COLLEGES, a public body corporate; Navajo County Community College District, a political subdivision; Northland Pioneer College, a community college; Gellen Atwood and Perry C. Atwood, wife and husband, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

June 5, 1984.

Attorney(s) appearing for the Case

Mangum, Wall, Stoops & Warden by Daniel J. Stoops, Flagstaff, for petitioners.

Platt & Hall, P.C. by Mitchel D. Platt, St. Johns, for real parties in interest.

HOLOHAN, Chief Justice.

Petitioners James and Penelope Lemons seek by special action to set aside an order of the respondent judge which dismissed with prejudice their personal injury action for failure to file timely the venue transmittal fee required by A.R.S. § 12-407(E). We accepted jurisdiction.

On January 12, 1982, petitioners filed in Maricopa County Superior Court a civil action seeking damages for personal injury against the respondents-real...

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