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WILMOT v. WILMOT

No. CV-02-0130-PR.

58 P.3d 507 (2002)

203 Ariz. 565

Connie I. WILMOT, surviving spouse, on her own behalf and on behalf of all who may have a statutory right of recovery, Plaintiff-Appellee, Dr William T. Evans, M.D. and Debra Evans, husband and wife; Emergency Physicians, Inc., an Arizona corporation, Defendants-Appellees, v. Jeffrey WILMOT, Leslie Kumpf, Michelle Lazek, Teresa Balogh, Douglas Wilmot and Dirk Wilmot, as surviving children of decedent, Milton Wilmot, Appellants.

Supreme Court of Arizona, En Banc.

December 5, 2002.

Attorney(s) appearing for the Case

Barry L. Entrekin, Phoenix, for Plaintiff-Appellee.

Snell & Wilmer, L.L.P., By Dora Fitzpatrick, Phoenix, for Defendants-Appellees.

Kevin L. Beckwith, P.C., By Kevin L. Beckwith, Phoenix, for Appellants.

OPINION

FELDMAN, Justice.

¶ 1 Several months after Milton Wilmot died, his surviving wife brought a wrongful death action under Arizona's Wrongful Death Act, A.R.S. §§ 12-611 to 12-613. The wife and her attorney knew that decedent had six adult children from a previous marriage, yet they settled the case without obtaining the consent of the children.

¶ 2 Those children challenged the settlement, asserting that by settling without...

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