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PANZINO v. CITY OF PHOENIX

No. CV-99-0193-PR.

999 P.2d 198 (2000)

196 Ariz. 442

Laura J. PANZINO, Plaintiff-Appellee, v. CITY OF PHOENIX, Defendant-Appellant. Laura J. Panzino, a single woman, Plaintiff-Appellant, v. City of Phoenix, a municipal corporation, and Denise Katherine Karlin and John Doe Karlin, wife and husband, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

May 10, 2000.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by David C. Lewis, Phoenix, Attorneys for the City of Phoenix.

City of Phoenix by Stephen J. Craig, Phoenix, Attorneys for the City of Phoenix.

Jones, Skelton & Hochuli by Ronald W. Collett and Eileen J. Dennis, Phoenix, Attorneys for the Karlins.

Robert F. Clarke, P.C. by Robert F. Clarke and Sonja M. Yurkiw, Phoenix, Attorneys for Panzino.

Bury, Moeller, Humphrey & O'Meara, P.C. by Andrew J. Petersen, Tucson, Attorneys for Amicus Curiae Arizona Association of Defense Counsel.

OPINION

McGREGOR, Justice.

¶ 1 The issue presented is whether Arizona should adopt the positive misconduct rule, which permits a client whose attorney has abandoned him or her to obtain relief from a judgment by invoking Rule 60(c)(6) of the Arizona Rules of Civil Procedure. We decline to adopt the rule because doing so would require us to abandon our long-standing interpretation of Rule 60(c) and to overturn established principles of law.

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