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YARBROUGH v. MONTOYA-PAEZ

No. 2 CA-SA 2006-0070.

147 P.3d 755 (2006)

Angelica YARBROUGH, on her own behalf as the surviving spouse of Roy D. Yarbrough, on behalf of her and the decedent's two minor children, Melissa Yarbrough and Brandon Yarbrough, and on behalf of the decedent's mother, Ninnie Woodall, Petitioner, v. Hon. Anna M. MONTOYA-PAEZ, Judge of the Superior Court of the State of Arizona, in and for the County of Santa Cruz, Respondent, and Roberts Enterprises, Inc., an Arizona corporation; Milo DeWitt and Jane Doe DeWitt, husband and wife dba DeWitt Cattle Company; Avatar Holdings, Inc., a Delaware corporation; and County of Santa Cruz, a body politic, Real Parties in Interest.

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

November 6, 2006.

Attorney(s) appearing for the Case

Goldberg & Osborne, By David J. Diamond and D. Greg Sakall, Tucson, for Petitioner.

Barassi & Curl, By David L. Curl, Tucson, for Real Party in Interest Roberts Enterprises, Inc.

McNamara, Goldsmith, Jackson & Macdonald, P.C., By Eugene N. Goldsmith, Tucson, for Real Parties in Interest DeWitt.

Goering, Roberts, Rubin, Brogna, Enos & Treadwell-Rubin, P.C., By Scott Goering, Tucson, for Real Party in Interest Avatar Holdings, Inc.

Jones, Skelton & Hochuli, P.L.C., By Georgia A. Staton and Randall H. Warner, Phoenix, for Real Party in Interest Santa Cruz County.

OPINION

PELANDER, Chief Judge.

¶ 1 In this special action, petitioner Angelica Yarbrough seeks review of the respondent judge's order transferring venue of the underlying wrongful death action from Santa Cruz County to Pinal County. Because an appeal cannot adequately cure an erroneous venue ruling, such orders "are appropriately reviewable by special action." Floyd v. Superior Court, 125 Ariz. 445,...

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