1. Home
  2. Browse Decisions
  3. P.3d
  4. 88 P.3d
  5. 88 P.3d 186 (2004)
 

LEVINSON v. JARRETT

No. 1 CA-SA 03-0289.

88 P.3d 186 (2004)

207 Ariz. 472

Richard S. LEVINSON, M.D., Petitioner, v. The Honorable Barbara JARRETT, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MARICOPA, Respondent Judge, Ramona Dominguez Lopez, surviving spouse of Juan Dominguez Bazoco, deceased; Ramona Dominguez Lopez, as natural mother and next best friend of Carla Bazoco, Juan Carlos Bazoco, and Mara Jose Bazoco, the surviving minor children of Juan Dominguez Bazoco, deceased; Cruz Bazoco, individually; Jesus Manuel Bazoco, individually; and Antonio Bazoco, individually, the surviving adult children of Juan Dominguez Bazoco, deceased, Real Parties in Interest.

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

April 22, 2004.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C., By David B. Earl, Jay A. Fradkin, Sterling R. Peterson, Phoenix, Attorneys for Petitioner.

Law Offices of Glynn W. Gilcrease, Jr., P.C., By Glynn W. Gilcrease, Jr., Tempe, Attorneys for Real Parties in Interest.

OPINION

BARKER, Judge.

¶ 1 This special action addresses the issue of whether an amended complaint that adds a defendant to an action can relate back to the date of the original complaint under Rule 15(c) of the Arizona Rules of Civil Procedure ("Rule 15(c)") without any showing of mistake concerning the identity of the party to be added. We hold that it cannot. The element of mistake is required.

Facts and Procedural History

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases