(Download) "Boone V. Superior Court" by Arizona Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Boone V. Superior Court
- Author : Arizona Supreme Court
- Release Date : January 25, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
William D. Boone (plaintiff) petitions us to grant relief by special action from the order of the respondent trial judge dismissing the complaint in a wrongful death action. In Arizona practice, relief by "special action" replaces relief "previously obtained" by writs of certiorari, mandamus, or prohibition. Rule 1, Ariz.R.P.Sp.Act., 17A A.R.S. Plaintiff claims that, in dismissing the complaint, the trial court proceeded in excess of its legal authority, acted in an arbitrary and capricious manner, or abused its discretion, so that special action relief is proper under Rules 3(b) and (c) of the Rules of Procedure for Special Actions. Plaintiff also alleges that his remedy by appeal is inadequate. We agree and accept jurisdiction, id., Rule 7(c), pursuant to the authority vested in us by Article 6, § 5(4) of the Arizona Constitution.