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“Because an FED action does not bar subsequent proceedings between the parties to determine issues other than the immediate right to possession, those issues are better resolved in proceedings designed to allow full exploration of the issues involved.”

Decision of the Court Stated differently, Blansette’s claim that he holds an ownership interest in the Property and Cruger defrauded him by failing to name him on the 2004 warranty deed challenges the merits of title to the Property, not the right to actual possession of the Property, and therefore must be resolved in a separate quiet title action.2 (“Because [a forcible detainer] action does not bar subsequent proceedings between the parties to determine issues other than the immediate right to

("Because an FED action does not bar subsequent proceedings between the parties to determine issues other than the immediate right to possession, those issues are better resolved in proceedings designed to allow full exploration of the issues involved.").

§ 12-1177(A) (“On the trial of an action of forcible entry or forcible detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into.”); (“Because an FED action does not bar subsequent proceedings between the parties to determine issues other than the immediate right to possession, those issues are better resolved in proceedings [other than FED actions].”).

(“Because an FED action does not bar subsequent proceedings between the parties to determine issues other than the immediate right to possession, those issues are better resolved in proceedings [other than FED actions].”).

(purpose of FED action is to provide summary, speedy remedy for landlord), approved, P.2d 259 (1996).

Colonial Tri-City Ltd. P’ship v. Ben Franklin Stores, Inc.

§ 12–1177(A); (stating that title cannot be an issue in a FED 3 BANK OF NY v. ST.

The merits of a party’s title is not an issue properly litigated in an FED action; “[o]n the trial of an action of forcible entry or forcible detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into.” Arizona Revised Statutes (“A.R.S.”) section 12-1177 (A); (stating that title cannot be an issue in an FED action), approved, P.2d 259 (1996).

Laws, ch. 156, § 1; , (“The legislative decision not to amend or repeal [a statute] provides a clear indication that the legislature meant to retain [its effect].”).