James v. State

OPINION

PELANDER, Chief Judge.

¶ 1 In this wrongful death action, the trial court granted defendant/appellee State of Arizona’s motion to dismiss or for partial summary judgment on plaintiff/appellant Joseph Burkhamer’s claim on the ground he had failed to properly file a notice of claim against the state, as A.R.S. § 12-821.01 requires. Burkhamer appeals from the ensuing judgment, entered pursuant to Rule 54(b), Ariz. R. Civ. P., 16 A.R.S., Pt. 2, and from the trial court’s subsequent order denying Burkhamer’s objection to the judgment and his motion to amend the pleadings.

¶ 2 The substantive…