Engle Brothers Inc. v. Superior Court

Should the respondent court have granted petitioners motion to dismiss a complaint against it? That is the sole question presented in this special action proceeding. Since denial of a motion to dismiss is an interlocutory, nonappealable order, appellate intervention via special action is appropriate. Industrial Commission v. Superior Court, 5 Ariz. App. 100, 423 P.2d 375 (1967).