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HALEY v. COCHISE COUNTY HOSPITAL

No. 2 CA-CIV 2290.

27 Ariz. App. 484 (1976)

556 P.2d 332

Geneva HALEY, widow of Earl F. Haley, Deceased; and Geneva Haley as personal representative of Bob Haley, Diane Cox, Wanda Rosenbum, and Wesley Haley, Petitioner, v. COCHISE COUNTY HOSPITAL, Cochise County Hospital Association, a non-profit corporation, Cochise County, James Keegan and Jane Doe Keegan, husband and wife, R.P. Groschupf and Jane Doe Groschupf, husband and wife, George A. Spikes and Jane Doe Spikes, husband and wife, Herman J. Spencer and Jane Doe Spencer, husband and wife, ABC, P.C.; XYZ, P.C., John Doe and Jane Doe, husband and wife, Mark Moe and Jane Moe, husband and wife, Larry Loe and Jane Loe, husband and wife, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 6, 1976.

Petition for Review Denied November 9, 1976.

Attorney(s) appearing for the Case

Barber, Haralson & Kinerk, P.C. by Burton J. Kinerk and Dale Haralson, Tucson, for petitioner.

Everett, Bury & Moeller, P.C. by Leonard Everett and Dan A. Sinema, Tucson, for respondents Keegan.

Chandler, Tullar, Udall & Richmond by Jack Redhair and D. Burr Udall, Tucson, for respondents Groschupf and Spikes.

Lesher, Kimble, Rucker & Lindamood, P.C. by James C. Carruth, Tucson, Slutes, Browning, Zlaket & Sakrison by D. Thompson Slutes, Tucson, for respondents Cochise County Hospital, Cochise County Hospital Association and Spencer, and Cochise County.

OPINION

HATHAWAY, Judge.

Petitioner is the plaintiff in a wrongful death action against respondents presently pending in Cochise County Superior Court. The lawsuit was originally filed in Pima County Superior Court, a timely motion for change of venue was made by the defendants and on July 21, 1975, the motion was granted. The minute entry order granting the motion recited inter alia:

"... and the venue is changed to Cochise County without prejudice...

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