OPINION
HOWARD, Presiding Judge.
Petitioner's special action challenges the trial court's denial of its motion for summary judgment. Since the denial of a motion for summary judgment is a non-appealable order and because the trial court failed to perform a duty required by law as to which he had no discretion, we assume jurisdiction and grant relief.
On March 17, 1984, Walter E. Melton, the real party in interest, was driving northbound on U.S. Highway...
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