Legal Opinion

Estate of Winn v. Plaza Healthcare, Inc.

Court of Appeals of Arizona

Decided February 14, 2006No. 1 CA-CV 05-0129PublishedCited by 4 opinions

1Opinion of the Court

OPINION

PORTLEY, Judge.

¶ 1 We are asked to decide whether the superior court erred when it ruled that Arizona Revised Statutes (“A.R.S.”) section 14-3108(4) (2005)1 limited the ability of George Winn, as the personal representative of his late wife’s estate, to prosecute claims on behalf of the estate. Because Mr. Winn secured his appointment as personal representative for the Estate of Mary Winn more than two years after her death, he cannot prosecute the claims that survived his wife’s death. Accordingly, we affirm the summary judgment against the estate.

BACKGROUND

¶ 2 Mary Winn died on…

2Cases cited18 opinions

  1. Janson v. ChristensenArizona Supreme Court · 1991
  2. Trantor v. FredriksonArizona Supreme Court · 1994
  3. In Re the Estate of MillimanArizona Supreme Court · 1966
  4. DeElena v. Southern Pacific Co.Arizona Supreme Court · 1979
  5. North Valley Emergency, Specialists, L.L.C. v. SantanaArizona Supreme Court · 2004

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3Cited by4 opinions

  1. Estate of Winn v. Plaza Healthcare, Inc.Arizona Supreme Court · 2007
  2. In Re Estate of WyttenbachCourt of Appeals of Arizona · 2008
  3. George Winn v. Plaza HealthcareArizona Supreme Court · 2007
  4. Harris v. Phoenix, City ofDistrict Court, D. Arizona · 2021

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