PERRY v. COUNTY OF MARICOPA

No. 2 CA-CV 90-0253.

167 Ariz. 458 (1991)

808 P.2d 343

Elsie PERRY as Representative of the Estate of John Kenton Perry, for and on behalf of John Jess Key Perry, a minor child, John D. Perry and Elsie Perry, husband and wife, Plaintiff/Appellant, v. COUNTY OF MARICOPA, State of Arizona, a body politic, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied April 11, 1991.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Jefferson L. Lankford, John S. Hobbs, James M. Ackerman and Rita A. Meiser, Phoenix, for plaintiff/appellant.

Richard Romley, Maricopa County Atty. by Richard A. Stewart, Phoenix, for defendant/appellee.


OPINION

FERNANDEZ, Chief Judge.

The issue presented in this appeal is the propriety of the trial court's denial of appellant's motion for leave to refile the action pursuant to A.R.S. § 12-504(A). Appellant also contends that the denial of her motion for enlargement of time was an abuse of discretion. We agree as to the latter motion and remand.

John Kenton Perry committed suicide on May 24, 1986 by hanging himself while he was in custody at the...

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