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MILLER v. KELLY

No. 2 CA-SA 2005-0102.

130 P.3d 982 (2006)

212 Ariz. 283

Fred MILLER, M.D. and Pamela Eileen Miller, husband and wife, Petitioners, v. The Honorable John F. KELLY, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Luz Barrera, Personal Representative of the Estate of Lucia Del Moral on behalf of the estate and individually as her surviving child, Real Party in Interest, and Mutual Insurance Company of Arizona, Intervenor.

Court of Appeals of Arizona, Division Two, Department A.

January 30, 2006.

Attorney(s) appearing for the Case

Chandler & Udall, L.L.P., by Edwin M. Gaines, Jr., and Michele G. Thompson, Tucson, Attorneys for Petitioners.

Haralson, Miller, Pitt, Feldman & McAnally, P.C., by Thomas G. Cotter and Rebecca A. Reed, Tucson, Attorneys for Real Party in Interest, Barrera.

Gallagher & Kennedy, P.A., by Brian Schulman and Maureen A. Welsh, Phoenix, Attorneys for Intervenor, Mutual Insurance Company of Arizona.

OPINION

J. WILLIAM BRAMMER, JR., Judge.

¶ 1 In this special action, petitioners Fred Miller, M.D. and Pamela Eileen Miller, defendants in the underlying wrongful death action based, in part, on Dr. Miller's alleged medical malpractice, filed by real party in interest Luz Barrera, personal representative of the estate of decedent Lucia Del Moral and Del Moral's surviving child, challenge the respondent judge's order granting Barrera's motion to...

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