Orme School v. Reeves12/6/1990
Orme School (Orme) initiated an original special action proceeding in this court, claiming that the trial judge abused his discretion and acted without legal authority in denying its motion for summary judgment. We accepted jurisdiction to reconsider our present standards for summary judgment in light of recent United States Supreme Court decisions interpreting the federal analog of Rule 56, Ariz.R.Civ.P., 16 A.R.S.
We have jurisdiction under article 6, ยง 5(1) of the Arizona Constitution and Rule 7(a), Ariz.R.P.Spec.Act., 17B A.R.S.
JURISDICTION
We decide whether to accept jurisdiction in special action proceedings on a number of grounds. See United States v. Superior Court, 144 Ariz. 265, 269, 697 P.2d 658, 662 (1985). We generally disapprove of special action proceedings asking the appellate system to review trial court denial of motions for summary judgment. See, e.g., Ft. Lowell-NSS Ltd. Partnership v. Kelly, 166 Ariz. 96, 800 P.2d 962 (1990). We continue to believe that in all but the exceptional case, e.g., King v. Superior Court, 138 Ariz. 147, 150 n. 3, 673 P.2d 787, 790
n. 3 (1983), the appellate system should exercise its discretion to refuse jurisdiction of cases in which it is asked to review the factual or even legal basis of the trial court's denial of a motion for summary judgment. See Alhambra School Dist. v. Superior Court, 165 Ariz. 38, 40 n. 3, 796 P.2d 470, 472 n. 3 (1990).
We believe, however, this case is one of the exceptions that illustrates the rule. The question presented here is a pure issue of law, requiring neither factual review nor interpretation. The issue presented is not peculiar to this or any particular case. Rather, it involves the analytical framework or construct to be applied to all cases and is therefore of general concern to litigants and the judicial system. New standards for adjudicating motions for summary judgment were recently adopted by the United States Supreme Court, but have not yet been considered by this court outside of the first amendment context. See Dombey v. Phoenix Newspapers, Inc., 150 Ariz. 476, 724 P.2d 562 (1986).
Our appellate courts have considered these new standards and have cited them with approval. See United Bank v. Allyn, Dkt. 1 CA-CIV 88-474 (Ct.App. April 17, 1990); Burrington v. Gila County, 159 Ariz. 320, 767 P.2d 43 (Ct.App.1988). The appellate courts have noted, however, that Arizona law is unsettled as to the proper standard for summary judgment and that this court has not issued any guidance outside of the defamation area. See Scottsdale Publishing, Inc. v. Superior Court, 159 Ariz. 72, 83 n. 8, 764 P.2d 1131, 1142 n. 8 (Ct.App.1988) (citing Dombey, 150 Ariz. at 490, 724 P.2d at 576); United Bank v. Allyn, supra. Finally, because orders denying motions for summary judgment are not appealable, special action is the only method by which the issue can be presented.
Given the nature of the question, the need to review and reconsider interpretations of our own rules, and the possible need to revise many cases from this court, the action is appropriately brought directly to us. See Rule 7(a), Ariz.R.P.Spec.Act., 17B A.R.S. For these reasons, we accept jurisdiction.
FACTS AND
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