DUNGAN v. SUPERIOR COURT IN & FOR COUNTY OF PINAL

No. 2 CA-CIV. 1475.

20 Ariz. App. 289 (1973)

512 P.2d 52

Frank L. DUNGAN and Barbara Dungan, husband and wife; and John Cota, a minor, Petitioners, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF PINAL; the Honorable E.D. McBryde, Judge thereof; and Wayne COLLINS, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

July 19, 1973.


Attorney(s) appearing for the Case

Claborne & Severyn by John L. Claborne, Tucson, for petitioners.

Healy & Beal, P.C. by William T. Healy, Tucson, for respondents.


HATHAWAY, Chief Judge.

Does a defaulted defendant have a right to participate at a hearing on application for default judgment? That is the question to which we address ourselves in this special action proceeding.

Briefly, the pertinent procedural chronology is as follows. On November 8, 1972, the default of the petitioners, defendants in a suit for personal injury, was entered. In April, 1973, petitioners filed a motion to set aside entry of default, asserting...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases