JOHNSON v. FRANCO

No. 1 CA-CIV 1468.

15 Ariz. App. 185 (1971)

487 P.2d 406

Joseph JOHNSON, Appellant, v. Sammy FRANCO, Jr., Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 8, 1971.

Review Denied October 13, 1971.


Attorney(s) appearing for the Case

Thomas J. McLaughlin, Phoenix, for appellant.

George Sorenson, Jr., Phoenix, for appellee.


EUBANK, Judge.

The plaintiff has appealed from an order by the Superior Court setting aside a default and default judgment, under Rule 60(c) Arizona Rules of Civil Procedure, 16 A.R.S., contending that the trial judge abused his discretion in granting the motion and in refusing to grant the plaintiff his costs and attorney fees.

The plaintiff-appellant was injured on March 30, 1963, when he was struck by the defendant-appellant's auto in the town of Gila Bend...

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