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VAN EMMERIK v. COLOSI

No. 1 CA-SA 98-0213.

972 P.2d 1034 (1998)

193 Ariz. 398

Linda VAN EMMERIK, Petitioner, v. The Honorable Robert A. COLOSI, Judge of the Superior Court of the State of Arizona in and for the County of Maricopa, Respondent, Paul M. Shapiro, as Personal Representative of the Estate of Jerry Lee Todd, Deceased, and Kathy Jo Todd, Real Parties in Interest.

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

Reconsideration Denied September 22, 1998.

Review Denied February 25, 1999.

Attorney(s) appearing for the Case

Brian K. Stanley, Chandler, Attorney for Petitioner.

Mead & Associates by Terrance C. Mead, Ruby Sitea, Glendale, for Real Party in Interest Kathy Jo Todd.

EHRLICH, Judge.

¶ 1 This petition for special action presents the issue whether an action for the dissolution of a marriage must be dismissed when one of the spouses dies before any order is entered, other than one for a preliminary injunction. For the reasons given below, we accept jurisdiction and grant relief, holding that an action for the dissolution of a marriage abates with the death of one of the spouses.

FACTS AND PROCEDURAL HISTORY<...

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