BORG-WARNER ACCEPTANCE CORP. v. GLOBE ELEC., INC.

No. 2 CA-CIV 1327.

20 Ariz. App. 147 (1973)

510 P.2d 1052

BORG-WARNER ACCEPTANCE CORPORATION, a subsidiary of Borg-Warner Corporation, a Delaware corporation authorized to do business in the State of Arizona, Appellant, v. GLOBE ELECTRIC, INC., an Arizona corporation, Globe Electric, Inc., d/b/a Ed's Magnavox Home Entertainment Center, Edward Merritt and Rosa Merritt, his wife, Appellees.

Court of Appeals of Arizona, Division No. 2.

Rehearing Denied July 17, 1973.

Review Denied September 18, 1973.


Attorney(s) appearing for the Case

Taylor & Petica by Ronald H. Petica, Scottsdale, for appellant.

Donald C. Premeau and William Tifft, Globe, for appellees.


KRUCKER, Judge.

This is an appeal from an order setting aside the entry of a default. Appellant was the plaintiff below.

The complaint was filed June 28, 1972. The summons and complaint were duly served on the corporate defendant on June 29, 1972, and on the individual defendants July 5, 1972. No answer or response was filed and the affidavit of default and the default were entered on July 28, 1972. No default judgment was taken by plaintiff.

The sole...

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