OCOTILLO WEST JOINT VENTURE v. SUPERIOR COURT

No. 1 CA-SA 92-0170.

173 Ariz. 486 (1992)

844 P.2d 653

OCOTILLO WEST JOINT VENTURE, an Arizona business entity, ABQ Corporation, a New Mexico corporation, ABQ Development Corporation, a New Mexico corporation, ABQ Bank, a New Mexico corporation, Amrock Enterprises, a New Mexico corporation, all doing business as Ocotillo Golf Course and/or Ocotillo Country Club; Black Corporation I-III, John Does I-III, Petitioners, v. SUPERIOR COURT of the State of Arizona, IN and FOR the COUNTY OF MARICOPA, the Honorable Jonathan H. Schwartz, a judge thereof, Respondent Judge, Penni ZYLKA, on her own behalf and for and on Behalf of Joseph Henry Zylka, Jr. and Bonnie Rebekah Zylka, Joseph Zylka's surviving children and for and on Behalf of Joseph John Zylka and Joye Frances Zylka, Joseph Zylka's surviving parents, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied February 2, 1993.


Attorney(s) appearing for the Case

Michael Herzog, Phoenix, for petitioners.

Begam, Lewis, Marks, Wolfe & Dasse, P.A. by Elliot G. Wolfe and Cora Perez, Phoenix, for real parties in interest.


OPINION

VOSS, Judge.

In this special action, the petitioners seek review of the trial court's order striking their notice of nonparty at fault. We previously entered an order accepting jurisdiction and granting relief with an opinion to follow. This is that opinion.

FACTS

We interpret the facts and all reasonable inferences to the benefit of petitioners, the parties aggrieved by the trial court's summary disposition. Cf. Nicoletti v...

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