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MARVIN JOHNSON, P.C. v. MYERS

No. CV-94-0384-PR.

184 Ariz. 98 (1995)

907 P.2d 67

MARVIN JOHNSON, P.C., and Marvin Johnson, Petitioners, v. Honorable Robert D. MYERS, Judge, Maricopa County Superior Court, State of Arizona, Respondent Judge, ESTATE OF Keith Harlan CURTIS, Real Party in Interest.

Supreme Court of Arizona, En Banc.

December 14, 1995.

Attorney(s) appearing for the Case

Lesher & Williams by Robert O. Lesher, Tucson, for Marvin Johnson, P.C.

Arthur N. Gorman and Deborah A. Nastro, Phoenix, for Estate of Keith Harlan Curtis.

Charles L. Arnold and Wendy Schwartz Laskin, Phoenix, for Maricopa County Public Fiduciary Special Administrator of the Estate of Keith Harlan Curtis.

A. Paul Blunt and Jay M. Polk, Scottsdale, for Probate and Trust Section of the State Bar, amicus curiae.

OPINION

MARTONE, Justice.

We are asked to decide whether there is a jurisdictional bar to the power of a judge of the superior court to order the consolidation of a probate proceeding with a civil action brought by the estate being probated, against its former personal representative and lawyers, alleging improprieties in connection with the probate. We hold that there is no such bar.

I. The Proceedings

Keith Curtis died. Neil T. Roberts, a...

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