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SALZMAN v. MORENTIN

No. 2 CA-CIV 2377.

116 Ariz. 79 (1977)

567 P.2d 1208

Patricia Ann SALZMAN, and Melvin W. Salzman, Sr., her husband, Appellants, v. Benjamin O. MORENTIN, M.D., Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 30, 1977.

Review Denied July 19, 1977.

Attorney(s) appearing for the Case

Rees & Mercaldo, P.C. by Paul G. Rees, Jr., Tucson, for appellants.

Lesher, Kimble, Rucker & Lindamood, P.C. by Robert O. Lesher, Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

The issue in this case is whether Rule 6(a), Rules of Civil Procedure, is applicable to a statute of limitations.

Appellants filed a malpractice action against the appellee. Under the applicable statute of limitations, A.R.S. § 12-542(1), the last day for filing the action fell on Saturday. The suit was not filed until the following Monday. The trial court ruled that the action was barred and granted summary judgment...

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