ULIBARRI v. GERSTENBERGER

No. 1 CA-CV 91-0154.

178 Ariz. 151 (1993)

871 P.2d 698

Patricia Ann ULIBARRI and Peter Ulibarri, her husband, Plaintiffs-Appellants, v. Dean GERSTENBERGER, M.D. and Marta Gerstenberger, his wife, Defendants-Appellees.

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

Review Denied May 3, 1994.


Attorney(s) appearing for the Case

Van Baalen Law Offices by Peter T. Van Baalen, Phoenix, for plaintiffs-appellants.

Jones, Skelton & Hochuli by Peter G. Kline, David C. Lewis, Phoenix, for defendants-appellees.


OPINION

GRANT, Presiding Judge.

This is an appeal from summary judgment entered against the plaintiff,1 Patricia Ann Ulibarri, on the grounds that her action was barred by the statute of limitations. The defendant's motion for summary judgment was granted after the plaintiff failed to file a timely response. She then filed a motion to set aside the summary judgment asserting that her failure to respond was the result of excusable...

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