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McKERNAN v. DUPONT

No. 1 CA-CV 97-0177.

968 P.2d 623 (1998)

192 Ariz. 550

Colleen McKERNAN, Plaintiff-Appellant, v. Joseph Arthur DUPONT, M.D. and Jane Doe Dupont; Arizona Center for Joint Replacement, P.C.; Arizona Arthritis and Orthopaedic Surgeons, P.C.; Arizona Arthritis Surgeons, Ltd.; Kim Johnson, M.D. and Jane Doe Johnson; Humana of Arizona, Inc., now known as Galen of Arizona, Inc., Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

October 27, 1998.

Attorney(s) appearing for the Case

John H. Cotton by John H. Cotton, Michael J. Ryan, Jennifer L. Schwarz, Scottsdale, for Appellant.

O'Connor, Cavanagh, Anderson, Killingsworth & Beshears, P.A. by Harding B. Cure, Christopher Robbins, Phoenix, for Appellees Dupont.

Teilborg, Sanders & Parks, P.C. by Frank A. Parks, Kari B. Zangerle, Renee M. Coury, Phoenix, for Appellee Galen of Arizona, Inc.

OPINION

TOCI, Judge.

¶ 1 Colleen McKernan appeals from the trial court's refusal to set aside the dismissal of her complaint for failure to prosecute. We conclude that (1) the six-month period for filing a motion for relief from a judgment pursuant to Rule 60(c) of the Arizona Rules of Civil Procedure was not extended by McKernan's failure to discover her lawyer's mental incapacity, (2) even assuming that McKernan's case was dismissed for lack of prosecution...

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