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CANTEEN CORP. v. SUP. COURT IN & FOR PIMA CTY.

No. 2 CA-SA 88-0048.

158 Ariz. 461 (1988)

763 P.2d 525

CANTEEN CORP., Petitioner, v. The SUPERIOR COURT OF the STATE of Arizona, In and For the COUNTY OF PIMA, and the Honorable James Carruth, Respondents, and Robert M. PARDEE, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied June 28, 1988.

Review Denied November 15, 1988.

Attorney(s) appearing for the Case

Slutes, Sakrison, Even, Grant & Pelander, P.C. by Philip H. Grant, Tucson, for petitioner.

Aboud & Aboud, P.C. by Michael J. Aboud, Tucson, for real party in interest.

OPINION

HOWARD, Presiding Judge.

Petitioner brought this special action from the trial court's denial of its motion to dismiss the real party in interest's complaint on the ground that the statute of limitations had run. Special action review is particularly appropriate where the issue of the statute of limitations has been raised and, where that claim is denied incorrectly, there is no plain, speedy or adequate remedy by appeal. Lim v. Superior Court in...

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