Grand v. Nacchio

In Grand v. Nacchio, 214 Ariz. 9, P12, 147 P.3d 763, 769 (App. 2006), the Court accepted special action jurisdiction in part because a subsequent appeal would "inevitably raise the same issues then before us." Grand, 214 Ariz. 9, P24, 147 P.3d at 772. The trial court in Grand had included Rule 54(b) language in its judgment. Id. P 17. Although the Court found that certification improper, id. P 19, its presence made it clear the trial court had intended for its order to be final. And in Grand, "the parties, at the suggestion of the trial court, stipulated to dismissal without prejudice of the previously unadjudicated claims . . . and apparently entered into an agreement tolling the statute of limitations as to those claims." Id. P 11.