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SHOLEM v. GASS IN AND FOR MARICOPA

No. CV-19-0149-PR.

460 P.3d 273 (2020)

Steven SHOLEM, M.D., Petitioner, v. Hon. David GASS and Hon. Connie Contes, Judges of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA Respondent Judges, Melissa Langevin, Real Party in Interest.

Supreme Court of Arizona.

Filed March 30, 2020.

Attorney(s) appearing for the Case

Eileen Dennis GilBride , (argued) Jones, Skelton & Hochuli, P.L.C., Phoenix; Andrew Rosenzweig , Michael F. Tamm , Quintairos, Prieto, Wood & Boyer P.A., Phoenix, Attorneys for Steven Sholem.

Douglas C. Erickson , Daniel D. Maynard , (argued) Maynard Cronin Erickson Curran & Reiter, P.L.C., Phoenix, Attorneys for Melissa Langevin.

Jeffrey C. Warren , Amanda Heitz , David T. Lundmark , Claudia Ionescu , Bowman and Brooke, LLP, Phoenix, Attorneys for Amicus Curiae Arizona Association of Defense Counsel.

JUSTICE GOULD authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, LOPEZ, BEENE and MONTGOMERY joined.

¶1 Arizona Rule of Civil Procedure Rule 4(i) provides that if a plaintiff does not serve a defendant with a summons and complaint within ninety days of filing the complaint the court "must" dismiss the case without prejudice. Such a dismissal for untimely service is referred to as "abatement." In this case...

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