(Download) "Curtis V. Morris" by Arizona Court of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Curtis V. Morris
Author : Arizona Court of Appeals
Release Date : January 24, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

Description

The primary issue before us is whether a court should dismiss a forcible entry and detainer (FED) action on grounds of abatement when an earlier-filed action seeking ejectment is pending. Because abatement bars the later action only if it raises issues substantially identical to those raised by the earlier action, we must determine whether Arizona's amended statutory scheme for FED actions permits the trial court to inquire into the validity of title, an inquiry central to an ejectment action. We hold that because the court cannot inquire into the validity of title in an FED action, FED and ejectment actions are not substantially identical. Consequently, abatement did not bar this FED action and the trial court did not err in permitting the action to proceed.