BURKETT v. MOTT BY MARICOPA CTY. PUB. FID.

Nos. 2 CA-CV 5943, 2 CA-CV 5944.

152 Ariz. 476 (1986)

733 P.2d 673

Robert E. BURKETT, Defendant/Appellee, v. Suzanne Jean MOTT, by her guardian ad litem MARICOPA COUNTY PUBLIC FIDUCIARY, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

December 18, 1986.


Attorney(s) appearing for the Case

Keil & Keil by Martin F. Keil, Glendale, for defendant/appellee.

Tom Collins, Maricopa Co. Atty. by Barbara Lee Caldwell, Phoenix, for defendant/appellant.


OPINION

LACAGNINA, Judge.

Suzanne Jean Mott, through her guardian ad litem, appeals from a summary judgment awarding Robert Burkett funds interpleaded by Metropolitan Life Insurance Company and costs.

The court stated in its order granting summary judgment:

The Plaintiff Metropolitan has properly interpled the remaining disputed proceeds of this policy and has thereby waived its right to strictly enforce the change of beneficiary provisions...

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