Duncan v. Progressive Preferred Insurance Ex Rel. Estate of Pop

AMENDED OPINION

GEMMILL, Judge.

¶ 1 The superior court dismissed Melissa Duncan’s personal injury action after granting a motion to dismiss based on insufficiency of process. We conclude that the motion to dismiss in this tort action was an impermissible collateral attack on the order appointing a special administrator in a separate probate proceeding, Maricopa County Superior Court Cause Number PB 2009-001596. Accordingly, we vacate the dismissal and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

¶2 On December 13, 2007, Duncan was involved in an automobile accident allegedly…