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DeBOER v. BROWN

No. 2 CA-CIV 4642.

138 Ariz. 178 (1983)

673 P.2d 922

Daniel C. DeBOER, M.D., Petitioner, v. The Honorable Michael J. BROWN, Pima County Superior Court Judge; and Calvin L. Dotson, et al., Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 11, 1983.

Review Granted June 10, 1983.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Redhair by Jack Redhair, Tucson, for petitioner.

Bolding & Zavala by Ed Bolding and Michael B. Grayson and Frederick S. Klein, Tucson, for real party in interest Dotson.

Snell & Wilmer by John J. Bouma and Preston H. Longino, Jr., Phoenix, for amicus curiae Arizona Medical Ass'n, Inc.

Lewis & Roca by Roger W. Kaufman, Phoenix, for amicus curiae Arizona Hosp. Ass'n.

OPINION

HATHAWAY, Judge.

Petitioner, defendant in a pending medical malpractice action in superior court, brings this special action to challenge the respondent court's denial of his motion for summary judgment raising the statute of limitations as a bar to the action. Although we exercise our special action jurisdiction sparingly to review denial of a summary judgment, we will exercise such jurisdiction where the...

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