CLAYTON BY SHERMAN v. KENWORTHY

No. 1 CA-SA 20-0086.

475 P.3d 310 (2020)

Kacen CLAYTON, a minor, BY AND THROUGH his natural mother, Meghan SHERMAN, Petitioner, v. The Honorable Lawrence C. KENWORTHY, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF YUMA, Respondent Judge, Associates for Women's Health, an Arizona corporation; Surendher Lokareddy M.D., P.C., an Arizona corporation; Surendher Lokareddy, M.D. and Jane Doe Lokareddy, husband and wife; Annette Casey, C.N.M and John Doe Casey, husband and wife; Yuma Regional Medical Center, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

FILED September 15, 2020.


Attorney(s) appearing for the Case

Miller Kory Rowe LLP, Phoenix, By Teri M. Rowe , Jeffrey Boyd Miller , Counsel for Petitioners.

Jones, Skelton & Hochuli PLC, Phoenix, By Stephen A. Bullington , Cory E. Tyszka , Eileen Dennis GilBride , Counsel for Real Parties Association et al.

Slattery Petersen PLLC, Phoenix, By Jill M. Covington , Counsel for Real Party Yuma Regional.

Judge Randall M. Howe delivered the opinion of the Court, in which Judge Paul J. McMurdie and Chief Judge Peter B. Swann joined.


OPINION

¶1 In this special action proceeding, Kacen Clayton challenges the respondent trial judge's order that he undergo an unrecorded neuropsychological examination, arguing that the respondent judge incorrectly applied Arizona Rule of Civil Procedure ("Rule") 35.

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