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PASSMORE v. McCARVER

No. 1 CA-CV 15-0420.

395 P.3d 297 (2017)

Noreen PASSMORE and Clifford Passmore, a married couple, Plaintiffs/Appellants, v. James W. McCARVER, M.D., and Patricia McCarver, a married couple; Prescott Valley Primary and Urgent Care Clinic, an Arizona business entity; Ellen Lorenz, C.F.N.P., and Rodney Lorenz, a married couple, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED April 6, 2017.

Attorney(s) appearing for the Case

Laurence M. Berlin, Esq., Tucson, By Laurence M. Berlin , Counsel for Plaintiffs/Appellants.

Campbell, Yost, Clare & Norell, PC, Phoenix, By Renee M. Coury , Jeffrey McLerran , Jones, Skelton & Hochuli, PLC, Phoenix, By Eileen Dennis GilBride , Co-Counsel for Defendants/Appellees James W. McCarver, Patricia McCarver, and Prescott Valley Primary and Urgent Care Clinic.

Broening Oberg Woods & Wilson PC, Phoenix, By James R. Broening , Megan E. Gailey , Kevin R. Myer , Counsel for Defendants/Appellees Ellen Lorenz and Rodney Lorenz.

Acting Presiding Judge Peter B. Swann delivered the opinion of the court, in which Judge Patricia A. Orozco (retired) and Chief Judge Michael J. Brown joined.

OPINION

¶ 1 The superior court dismissed appellants' medical malpractice action without prejudice for failure to serve preliminary expert affidavits under A.R.S. § 12-2603. Appellants then sought to refile the action under Arizona's "savings statute," A.R.S. § 12-504, but the court found that relief was not...

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