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MATTER OF ESTATE OF KOPELY

No. 2 CA-CV 88-0141.

159 Ariz. 391 (1988)

767 P.2d 1181

In the Matter of the ESTATE OF Lillian J. KOPELY, Deceased. Mazen FAHOUM, Appellant, v. Paula WINTERS, as Personal Representative of the Estate of Lillian J. Kopely, deceased, Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied February 22, 1989.

Motion to Set Aside Dismissal Denied February 22, 1989.

Attorney(s) appearing for the Case

Stompoly & Stroud, P.C. by Susan Ferrell and James L. Stroud, Tucson, for appellant.

Curtis & Cunningham by Marjorie Fisher Cunningham, Tucson, for appellee.

OPINION

LACAGNINA, Chief Judge.

Mazen Fahoum appeals the probate court's order finding that his claim for personal injuries made against the estate of Lillian J. Kopely was not timely filed and is forever barred. He argues that the issue of timeliness was previously resolved in the underlying tort case and that A.R.S. §§ 14-3801 and 3803 are unconstitutional. Because we agree that the provisions are unconstitutional, we vacate the order and remand...

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