Lund v. Olson
Plaintiff Bradford D. Lund appeals from the order dismissing his lawsuit against his half-sisters and their husbands, defendants Kristen Lund Olson, Timothy Olson, Karen Lund Page, and James Page (non-attorney defendants), based on the forum non conveniens doctrine, contending the court erred in granting the motion and dismissing, rather than staying, the action. We affirm the court’s finding of forum non conveniens but reverse the order to dismiss and remand with directions to either (1) deny non-attorney defendants’ motion to dismiss or stay the action, or (2) grant the motion to stay the action subject to non-attorney defendants’ agreement to toll applicable Arizona statute limitations from the filing of the California action until 90 days after the remittitur in this case issues.
Although the opening brief also refers to Burch & Cracchiolo, Daniel Cracchiolo and Bryan F. Murphy (attorney defendants), plaintiff did not separately appeal from the subsequent order dismissing them for the same reason and we dismissed them from the appeal. We thus do not consider any argument on appeal with respect to attorney defendants.
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