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PONCE v. PARKER FIRE DIST.

No. 1 CA-CV 13-0038.

322 P.3d 197 (2014)

Manuel PONCE, Plaintiff/Appellant, v. PARKER FIRE DISTRICT, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

March 27, 2014.

Attorney(s) appearing for the Case

Offidani & Kresin, P.C. By Daniel R. Offidani , Phoenix, Counsel for Plaintiff/Appellant.

Murphy, Schmitt, Hathaway & Wilson, P.L.L.C., Prescott, By Milton W. Hathaway, Jr. , Counsel for Defendant/Appellee.

OPINION

THOMPSON, Judge.

¶ 1 Plaintiff/appellant Manuel Ponce appeals from the trial court's decision granting summary judgment to defendant/appellee Parker Fire District (PFD), finding Ponce's notice of claim untimely and the complaint therefore barred by Arizona Revised Statutes (A.R.S.) section 12-821.01 (2003). For the following reasons, we reverse and remand to the trial court.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Ponce and...

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