PHILLIPS v. FINDLAY

No. 2 CA-CIV 1285.

19 Ariz. App. 348 (1973)

507 P.2d 687

David R. PHILLIPS and Virginia Phillips, husband and wife, David R. Phillips as father and statutory representative for the death of baby Shawna Jean Phillips, Deceased, Appellants, v. Francis F. FINDLAY and L.B. Bayba, Appellees.

Court of Appeals of Arizona, Division 2.

March 21, 1973.


Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Barry N. Akin, Tucson, for appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Ralph E. Mahowald, and John H. Westover, Phoenix, for appellees.


HOWARD, Judge.

In this appeal the appellants claim that the trial court abused its discretion in granting the appellees' motion to set aside the entry of default and default judgment. (Appellants were plaintiffs and appellees were defendants below.)

The facts pertaining to the entry of default and default judgment, viewed in the light favorable to the trial court's decision are as follows.

On December 13, 1971, a complaint was filed by the plaintiffs...

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