TAYLOR v. SUPERIOR COURT IN & FOR CTY. OF MARICOPA

No. 1 CA-CIV 1423.

13 Ariz. App. 52 (1970)

474 P.2d 59

Glenn C. TAYLOR and Louis A. Melczer, Co-Trustees for Coury Bros. Ranches, Inc., a corporation in reorganization under Chapter X of the Federal Bankruptcy Act, Appellant-Petitioners, v. The SUPERIOR COURT of Arizona, IN AND FOR the COUNTY OF MARICOPA; and the Honorable Yale McFate, a Judge thereof; and Chevron Chemical Company, a corporation; and California Ammonia Transport, a corporation, Appellee-Respondents.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied October 1, 1970.

Review Denied November 17, 1970.


Attorney(s) appearing for the Case

Snell & Wilmer, by Warren E. Platt, Phoenix, for appellant-petitioners.

Ryley, Carlock & Ralston, by John C. Ellinwood, Phoenix, for appellee-respondents.

Black, Robertshaw & Frederick, by Richard Black, Phoenix, for California Ammonia Transport.


HAIRE, Judge.

The appellant-petitioners' complaint alleging negligence on the part of the respondent-defendants was dismissed in the trial court in the grounds that the action was barred by the two year limitations statute (A.R.S. § 12-542). Although the complaint was admittedly filed one day before the expiration of the limitation period, the summons was not served upon the defendants until some nine months later. In the trial court's memorandum opinion the...

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