Legal Opinion
McKernan v. Dupont
Court of Appeals of Arizona
Decided October 27, 1998No. 1 CA-CV 97-0177PublishedCited by 6 opinions
1Opinion of the Court
OPINION
TOCI, Judge.
¶ 1 Colleen McKernan appeals from the trial court’s refusal to set aside the dismissal of her complaint for failure to prosecute. We conclude that (1) the six-month period for filing a motion for relief from a judgment pursuant to Rule 60(c) of the Arizona Rules of Civil Procedure was not extended by McKernan’s failure to discover her lawyer’s mental incapacity, (2) even assuming that McKeman’s case was dismissed for lack of prosecution because she was abandoned by her Arizona attorney, the fact that she was simultaneously represented by a referring law firm precludes…
2Cases cited18 opinions
- United States v. Salvatore Cirami, Salvatore Cirami & Margaret CiramiCourt of Appeals for the Second Circuit · 1977
- Gorman v. City of PhoenixArizona Supreme Court · 1987
- Tormo v. YormarkDistrict Court, D. New Jersey · 1975
- Duggins v. Guardianship of WashingtonMississippi Supreme Court · 1994
- Jepson v. NewArizona Supreme Court · 1990
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3Cited by6 opinions
- Ruesga v. Kindred Nursing Centers West, L.L.C.Court of Appeals of Arizona · 2007
- Panzino v. City of PhoenixArizona Supreme Court · 2000
- Panzino v. City of PhoenixCourt of Appeals of Arizona · 1999
- Kimberly D.-D. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 2013
- Panzino v. City of PhoenixArizona Supreme Court · 2000
1 more not listed; retrieve them via the Exa API.