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CARRANZA v. MADRIGAL

No. CV-14-0192-PR.

354 P.3d 389 (2015)

Al CARRANZA, a married man, Plaintiff/Cross-Defendant/Appellant, v. Mario A. MADRIGAL, an individual; Martha C. Madrigal, Defendants/Cross-Defendants/Appellees. and Bryant C. Madrigal, Defendant/Cross-Claimant/Appellee, Investigation Services, Inc., Intervenor/Appellee.

Supreme Court of Arizona.

July 22, 2015.

Attorney(s) appearing for the Case

Edward D. Fitzhugh (argued), Tempe, Attorney for Al Carranza.

Ben R. Jemsek (argued), Thrasher Jemsek PLLC, Phoenix, Attorney for Martha and Bryant Madrigal.

Justice BRUTINEL authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER, and Justices BERCH and TIMMER joined.

¶ 1 Arizona Rule of Civil Procedure 17(a) requires a trial court to allow a reasonable opportunity to substitute parties before it dismisses an action for lack of prosecution by the real party in interest. We hold that in order to substitute a party, one must file a Rule 15(a) motion to amend, and the...

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