MATTER OF ESTATE HORTON

No. 2 CA-CIV 4625.

137 Ariz. 261 (1983)

669 P.2d 1338

In the Matter of the ESTATE OF Winnifred K. HORTON, Deceased. Michael HORTON and Carol Davis, Claimants/Appellants, v. James E. SHEA and Richard Shea, Claimants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 19, 1983.

Review Denied July 12, 1983.


Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by D. Michael Mandig, Tucson, for claimants/appellants.

Seefeldt & Neal by Michael M. Neal, Tucson, for claimant/appellee James E. Shea.

James M. Elliott, Tucson, for claimant/appellee Richard Shea.


OPINION

HOWARD, Chief Judge.

The determinative issue in this case is whether an order determining heirs, which contained an express determination that there was no just reason for delay (Rule 54(b), Arizona Rules of Civil Procedure, 16 A.R.S.) was an appealable order under A.R.S. § 12-2101. We hold that it was and that the failure of appellant to file a timely appeal precludes this appeal from the final order of distribution of the estate.

Winnifred...

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