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ACOSTA v. SUPERIOR COURT

No. 2 CA-SA 0285.

146 Ariz. 437 (1985)

706 P.2d 763

Manuel ACOSTA, as Personal Representative of the Estate of Maria Acosta Yanez, Deceased, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, the Honorable Jack T. Arnold, a Judge thereof, and Robert Taylor, M.D., Joyce Schultz, C.R.N.A., and Tucson Anesthesia, P.C., Real Parties In Interest, Respondents.

Court of Appeals of Arizona, Division Two, Department B.

October 4, 1985.

Attorney(s) appearing for the Case

Zlaket & Zlaket, P.C. by Thomas A. Zlaket, Tucson, for petitioner.

Leonard Everett, P.C. by Leonard Everett, Tucson, for respondents.

OPINION

LACAGNINA, Judge.

Petitioner has brought this special action from the trial court's refusal to strike an expert witness. Because petitioner is without an adequate remedy by means of an appeal, and because we believe the trial court abused its discretion in refusing to grant the motion to strike, we assume jurisdiction and grant relief.

Petitioner is the plaintiff in a wrongful death action filed on March 29, 1984. The case was scheduled for...

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