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BILIACK v. SUPERIOR COURT, MARICOPA COUNTY

No. 1 CA-SA 298.

157 Ariz. 97 (1988)

754 P.2d 1372

Stuart A. BILIACK, M.D., Petitioner, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA, the Honorable Elizabeth Stover and the Honorable Rudolph Gerber, judges thereof, Respondent Judges, Teri L. MUSIL, an incapacitated person By and Through her next friend and husband, Francis C. MUSIL and Francis C. Musil, individually and on his own behalf and for and on behalf of Chad Edward Musil, Francis Jason Musil and Matthew Lee Musil, natural children of Teri L. Musil, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied June 21, 1988.

Attorney(s) appearing for the Case

Teilborg, Sanders & Parks, P.C. by Neil C. Alden and Brian R. Burt, Phoenix, for petitioner.

Leonard & Clancy by James Leonard, Jr., Phoenix, for real parties in interest.

Fennemore, Craig, von Ammon, Udall & Powers by J. Gregory Osborne, Phoenix, for Phoenix Baptist Hosp.

OPINION

HAIRE, Chief Judge.

This is a special action review of two orders relating to the taking of the deposition of the petitioner, who is a defendant in a medical malpractice action. The first order was issued by the respondent Judge Stover (the trial judge), and the second was issued by the respondent Judge Gerber, serving as the Chairman of the Medical Liability Review Panel to which the action was referred (the panel judge). Two issues are presented...

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