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LOMBARDO v. POLLOCK

No. 2 CA-CIV 1612.

21 Ariz. App. 537 (1974)

521 P.2d 636

Shirley LOMBARDO, Petitioner, v. Elaine S. POLLOCK, as Guardian of the Estate of Lawrence D. Lombardo, a minor, and Hon. Richard N. Roylston, as Judge of the Superior Court In and For the County of Pima, Arizona, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 22, 1974.

Review Denied June 11, 1974.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C., by Stanley G. Feldman, Tucson, for petitioner.

Browning, Druke & Hawkins, by Carol Wilson Druke, Tucson, for respondent guardian.

OPINION

HOWARD, Judge.

A superior court order distributing the proceeds of a wrongful death settlement is the subject of this special action. We are of the opinion that, despite the existence of a remedy by appeal, our obligation "to see that essential justice is done" warrants intervention by way of special action. See Caruso v. Superior Court, 100 Ariz. 167, 412 P.2d 463 (1966).

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