Passmore v. McCarver

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a dismissal without prejudice for failing to serve a preliminary expert affidavit under § 12-2603 is a dismissal for lack of prosecution
• characterizing dismissal on this basis as dismissal for lack of prosecution, preventing automatic application of savings statute and rendering dismissal, in effect, one with prejudice
• “In deciding how to exercise its discretion under [A.R.S. § 12-504(A)], the court must consider several factors [including] whether the plaintiff acted reasonably and in good faith.” (citation modified)
• the plaintiff has the burden to show entitlement to relief under the savings statute
• “The superior court has discretion to dismiss cases that are not diligently prosecuted.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• Rasor v. Nw. Hosp. LLC
  Court of Appeals of Arizona· 2018-04-24· cited 4×
• Williamson v. O'Brien
  Court of Appeals of Arizona· 2017-05-16
• Francisco v. Affiliated Urologists
  Arizona Supreme Court· 2024-08-16
• SANCHEZ v. SHAWCROFT
  Court of Appeals of Arizona· 2025-12-18

Cites

9 cases in this archive are cited by this case.

• Janson v. Christensen
  Arizona Supreme Court· 1991-04-05· cited 196×
• Dressler v. Morrison
  Arizona Supreme Court· 2006-03-23· cited 69×
• Jepson v. New
  Arizona Supreme Court· 1990-05-10· cited 52×
• In re Sabino R.
  Court of Appeals of Arizona· 2000-09-26· cited 46×
• Gorney v. Meaney
  Court of Appeals of Arizona· 2007-01-31· cited 33×
• Sanchez v. Old Pueblo Anesthesia, P.C.
  Court of Appeals of Arizona· 2008-05-30· cited 22×
• Cooper v. Odom
  Court of Appeals of Arizona· 1967-11-20· cited 18×
• Roller Village, Inc. v. Superior Court
  Court of Appeals of Arizona· 1987-08-11· cited 13×
• Sedona Grand, LLC v. City of Sedona
  Court of Appeals of Arizona· 2012-02-07· cited 8×