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HAUSKINS v. McGILLICUDDY

No. 1 CA-CV 91-397.

175 Ariz. 42 (1992)

852 P.2d 1226

Mary Ann HAUSKINS, a married woman; Jennifer Skiba and Albert Skiba, husband and wife, Plaintiffs-Appellants, Cross Appellees, v. Terrance McGILLICUDDY, Third-Party Defendant-Appellee, Cross Appellant.

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

Review Granted and Denied June 15, 1993.

Attorney(s) appearing for the Case

Roush, McCracken & Guerrero by Charles D. Roush, Virginia S. Ornelas, Phoenix, for plaintiffs-appellants, cross appellees.

Renaud, Cook, Videan, Geiger & Drury, P.A. by J. Gordon Cook, Charles A. Struble, Walter Grochowski, Phoenix, for defendant-appellee, cross appellant.

Review Granted on issue No. 2 and Denied on all other issues June 15, 1993.

OPINION

GRANT, Presiding Judge.

This case is an appeal from a summary judgment holding that an attorney's failure to timely file a claim against the State constituted "excusable neglect," as a matter of law, for purposes of Ariz. Rev. Stat. Ann. ("A.R.S.") section 12-821 (authorization of claim against public entity or public employee). Because we hold that the issue of what...

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