Volume 566 — Pacific Reporter, Third Series

Did the superior court err in concluding as a matter of law that Shaunice Warr (1) had no common law "duty to report" the sexual abuse suffered by the Does, minor children at the time of the abuse, and (2) was not a mandatory reporter under A.R.S. § 13-3620?

¶ 0 Following a jury verdict and monetary award to Appellants, Appellants sought attorney fees and costs under Title 36, Section 3629(B). The district court denied the request and denied Appellants' motion to reconsider. We retained Appellant's appeal, reverse the district court, and remand.

¶0 Plaintiff filed a petition in the District Court for Creek County and alleged a wrongful death caused by defendant. Defendant filed a motion to dismiss the petition and the Honorable Douglas W. Golden, District Judge, granted defendant's motion to dismiss and also granted leave for plaintiff to amend the petition. Plaintiff did not amend and appealed the trial court's order granting dismissal and leave to amend. The Court of Civil Appeals reversed the District Court, released its opinion for publication, and defendant filed a petition for certiorari to review the appellate court. We granted certiorari. We hold : Plaintiff appealed an interlocutory order, created a premature appeal, and appellate jurisdiction is absent; The Court vacates the opinion by the Court of Civil Appeals and withdraws it from publication; The Court recasts plaintiff's petition in error to an application to assume original jurisdiction and petition for prohibition; The Governmental Tort Claims Act makes licensed medical professionals to be employees of this state, regardless of the place in this state where duties as employees are performed, when the licensed medical professionals are under contract, including when under contract as an independent contractor, with city, county, or state entities and providing medical care to inmates or detainees in the custody or control of law enforcement agencies; The Court assumes original jurisdiction and denies the petition for writ of prohibition.