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CHENEY v. ARIZ. SUPER. COURT FOR MARICOPA CTY.

No. 17804-SA.

144 Ariz. 446 (1985)

698 P.2d 691

John F. CHENEY, Petitioner, v. ARIZONA SUPERIOR COURT FOR MARICOPA COUNTY; and Linda Scott, Judge; Loren V. Grizzard and Jane Doe Grizzard, his wife; Tanner Chapel Nursing Home, an Arizona corporation, Respondents.

Supreme Court of Arizona, In Banc.

April 22, 1985.

Attorney(s) appearing for the Case

Skousen, McLaws, Skousen, Gulbrandsen & Patience, P.C. by Steve H. Patience, Mesa, for petitioner.

Lewis & Roca by John P. Frank, Walter Cheifetz, Allen D. Bucknell, Phoenix, for respondents.

GORDON, Vice Chief Justice:

Petitioner (plaintiff) brings this special action challenging the order of the respondent trial judge denying his motion to dismiss without prejudice. We accepted jurisdiction under Ariz. Const. art. 6, § 5 and, in an order, approved the order of the superior court with opinion to follow. The primary issues raised in this special action are:

(1) Whether the trial judge abused her discretion in denying plaintiff's motion to...

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