Fidelity Security Life Insurance Co. v. State

1 We granted review in a consolidated appeal from the dismissal of three separate complaints filed in Maricopa County Superior Court. Petitioners ask us to determine whether the three trial courts properly granted motions to dismiss pursuant to Rule 12(b Civil Procedure. The court of appeals, in a split opinion, found the trial courts dismissals proper. After consideration, we hold that the trial courts erred in their analyses and decisions. We also hold that the court of appeals majority erred in affirming the dismissals. We have jurisdiction under Arizona Constitution article VI, section 5(3 Arizona Rule of Civil Appellate Procedure 23, and Arizona Revised Statutes section 12-120.24.