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M-11 LTD. PARTNERSHIP v. GOMMARD

No. 1 CA-CV 13-0582.

330 P.3d 356 (2014)

688 Ariz. Adv. Rep. 12

M-11 LIMITED PARTNERSHIP, Petitioner/Appellant, v. Daniel GOMMARD and Arizona Department of Transportation, Motor Vehicle Division, Respondents/Appellees.

Court of Appeals of Arizona, Division 1.

June 12, 2014.

Attorney(s) appearing for the Case

By Holly Davies, Louise Horowitz, Phoenix, Counsel for Petitioner/Appellant.

Arizona Attorney General's Office By Stephanie A. Lillie, Phoenix, Counsel for Respondent/Appellee ADOT.

Presiding Judge JOHN C. GEMMILL delivered the decision of the Court, in which Judge PETER B. SWANN and Judge PATRICIA A. OROZCO joined.

OPINION

GEMMILL, Judge.

¶ 1 M-11 Limited Partnership ("M-11") appeals the superior court's dismissal of M-11's appeal of an administrative decision of the Arizona Department of Transportation, Motor Vehicle Division ("ADOT"). Because we conclude the superior court erred in not applying Arizona Rule of Civil Procedure 60(a) to determine if the record contained a clerical error regarding the date of filing of M-11's appeal, we vacate and remand for further...

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