Boswell v. Fintelmann
Court of Appeals of Arizona
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…
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