Estate of Garner v. Schindler

OPINION

HALL, Judge.

¶ 1 Commissioner Lindsay Ellis acting as a judge pro tempore of the superior court entered a judgment and order in this contested probate matter. Kurt Schindler contends that the judgment and order are void for lack of jurisdiction because the Maricopa County Board of Supervisors did not approve Commissioner Ellis’s appointment as a judge pro tempore as required by Arizona Revised Statutes (A.R.S.) section 12-141 (2003). We conclude that the defect in the appointment process was a procedural error that Schindler waived by not raising before the probate hearing commenced.…