Legal Opinion

Boswell v. Fintelmann

Court of Appeals of Arizona

Decided March 9, 2017No. 1 CA-CV 15-0859PublishedCited by 8 opinions

1Opinion of the Court

OPINION

THOMPSON, Judge:

¶ 1 Steve W. Boswell (Boswell) appeals from the dismissal with prejudice of his medical malpractice action based on his failure to serve a preliminary expert opinion affidavit. For the following reasons, we affirm the judgment as modified to reflect that the dismissal is without prejudice.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In July 2014, Boswell filed a complaint in superior court alleging medical malpractice against Robert Fintelmann, M.D., Robert Pinkert, O.D., Thomas R. Wolf, Barnet Dulaney Surgery Center, LLC, Barnet Dula-ney Perldns Eye Center, PLLC and others…

2Cases cited6 opinions

  1. Coleman v. City of MesaArizona Supreme Court · 2012
  2. Polanco v. INDUSTRIAL COM'N OF ARIZONACourt of Appeals of Arizona · 2007
  3. Gorney v. MeaneyCourt of Appeals of Arizona · 2007
  4. Sanchez v. Old Pueblo Anesthesia, P.C.Court of Appeals of Arizona · 2008
  5. JILLY v. RayesCourt of Appeals of Arizona · 2009

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3Cited by8 opinions

  1. Best v. NieblasCourt of Appeals of Arizona · 2020
  2. Francisco v. Affiliated UrologistsArizona Supreme Court · 2024
  3. Hobbs v. SantiagoDistrict Court, D. Arizona · 2020
  4. Holm v. GatewayCourt of Appeals of Arizona · 2018
  5. Imh v. ManiatisCourt of Appeals of Arizona · 2021

3 more not listed; retrieve them via the Exa API.

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