Melissa DUNCAN, a single woman, Plaintiff/Appellant,
v.
PROGRESSIVE PREFERRED INSURANCE COMPANY, on behalf of the ESTATE OF George POP, Intervenor/Appellee.
Court of Appeals of Arizona, Division 1, Department D.https://leagle.com/images/logo.png
September 27, 2011.
September 27, 2011.
Attorney(s) appearing for the Case
Tidmore Law Offices, L.L.P., By Mick Levin , Phoenix, Attorneys for Plaintiff/Appellant.
Haralson, Miller, Pitt, Feldman & McAnally, P.L.C., By Stanley G. Feldman , Tucson, And Knapp & Roberts, P.C., By David L. Abney, Scottsdale, Co-Counsel for Amicus Curiae Arizona Association For Justice/Arizona Trial Lawyers Association.
Court of Appeals of Arizona, Division 1, Department D.
AMENDED OPINION
GEMMILL, Judge.
¶ 1 The superior court dismissed Melissa Duncan's personal injury action after granting a motion to dismiss based on insufficiency of process. We conclude that the motion to dismiss in this tort action was an impermissible collateral attack on the order appointing a special administrator in a separate probate proceeding, Maricopa County Superior Court Cause Number PB 2009-001596. Accordingly, we vacate the...
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