IN RE ESTATE OF WINN

No. 1 CA-CV 05-0129.

128 P.3d 234 (2006)

212 Ariz. 117

In the Matter of the ESTATE OF Mary WINN, Deceased. The Estate of Mary Winn, Deceased, by and through George Winn on behalf of themselves and survivors of Mary Winn, Plaintiff/Appellant, v. Plaza Healthcare, Inc., an Arizona corporation d/b/a Plaza Healthcare; Plaza Healthcare Scottsdale Campus, an Arizona corporation d/b/a Plaza Healthcare, Defendants/Appellees.

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

February 14, 2006.


Attorney(s) appearing for the Case

Skousen, Skousen, Gulbrandsen & Patience, P.C. By David L. Abney, Mesa, Attorneys for Plaintiff/Appellant.

Jones, Skelton & Hochuli, P.L.C. By David S. Cohen and Eileen Dennis GilBride, Phoenix, Attorneys for Defendants/Appellees.


OPINION

PORTLEY, Judge.

¶ 1 We are asked to decide whether the superior court erred when it ruled that Arizona Revised Statutes ("A.R.S.") section 14-3108(4) (2005)1 limited the ability of George Winn, as the personal representative of his late wife's estate, to prosecute claims on behalf of the estate. Because Mr. Winn secured his appointment as personal representative for the Estate of Mary Winn more than two years after...

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