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NUNEZ v. NUNEZ

No. 2 CA-CIV 2063.

25 Ariz. App. 558 (1976)

545 P.2d 69

Adela Kakar NUNEZ, a minor, by and through J. Lavell Harper, her Guardian ad Litem, Petitioner, v. Betty C. NUNEZ, Joseph C. Nunez, Jr., Electrical District No. Five, and the Honorable T.J. Mahoney, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 19, 1976.

Review Denied March 16, 1976.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Stanley G. Feldman and Jeffrey H. Schwartz, Tucson, for petitioner.

Barber, Haralson & Kinerk by Dale Haralson, Tucson, for respondent Betty C. Nunez.

Maupin & Wilson, by Steven R. Haasis, Phoenix, for respondent Joseph C. Nunez, Jr.

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons by Merle M. Allen, Jr., Mesa, for respondents Electrical District No. Five and the Honorable T.J. Mahoney, Judge.

OPINION

HOWARD, Chief Judge.

The factual setting of the wrongful death action which is the subject of this special action proceeding is as follows.

Betty Nunez is the surviving spouse of Jose L. Nunez. Nine children are issue of this marriage. Petitioner is the daughter of the decedent and Della Kakar. Joseph C. Nunez, Jr., whose mother is neither Della Kakar nor Betty Nunez, is purported to be the son of the decedent.

In July 1974, Betty Nunez...

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