Lombardo v. Pollock

OPINION

HOWARD, Judge.

A superior court order distributing the proceeds of a wrongful death settlement is the subject of this special action. We are of the opinion that, despite the existence of a remedy by appeal, our obligation “to see that essential justice is done” warrants intervention by way of special action. See Caruso v. Superior Court, 100 Ariz. 167, 412 P.2d 463 (1966).

The undisputed facts are as follows. Petitioner is the surviving spouse of Lawrence Lombardo who died on February 19, 1969. Lawrence D. Lombardo, a minor, is the only surviving child. Decedent was a resident of and was…