MERCANTILE NATIONAL LIFE INSURANCE CO. v. VILLALBA

No. 2 CA-CIV 1220.

18 Ariz. App. 179 (1972)

501 P.2d 20

MERCANTILE NATIONAL LIFE INSURANCE COMPANY, Appellant, v. Frank B. VILLALBA, Appellee.

Court of Appeals of Arizona, Division 2.

September 26, 1972.


Attorney(s) appearing for the Case

William W. Anderson, Scottsdale, for appellant.

Richardson, Mortensen & Greenhalgh, by Irval L. Mortensen, Safford, for appellee.


HOWARD, Judge.

The record indicates that the trial court struck appellant's answer and entered a default judgment. The facts of the case are not important at this date since the record clearly demonstrates two cogent reasons why this case should be affirmed.

We first note that appellant filed no motion in the trial court under Rule 55(c), Rules of Civil Procedure, 16 A.R.S., to set aside the default judgment. There is no doubt that this requirement must be...

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