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ROLL v. JANCA

No. 1 CA-CIV 2203.

22 Ariz. App. 335 (1974)

527 P.2d 294

Robert E. ROLL, Appellant, v. Walter T. JANCA and Sara F. Janca, husband and wife, dba the Half Way House, Appellees.

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

Rehearing Denied December 5, 1974.

Review Denied January 14, 1975.

Attorney(s) appearing for the Case

Wolfe & Harris, P.A., by Irwin Harris, Sidney B. Wolfe and Richard T. Aubuchon, Phoenix, for appellant.

Morgan & Ruch, by Larry G. Ruch, Phoenix, for appellees.

OPINION

DONOFRIO, Presiding Judge.

The sole issue in this controversy is whether the trial court abused its discretion under Rules of Civil Procedure, Rule 60(c), 16 A.R.S., in setting aside a default judgment which had been entered against appellees-defendants Walter T. and Sara F. Janca.

Plaintiff-appellant Roll was allegedly injured on July 23, 1970 in the parking lot of the Jancas' Half Way House Tavern. On

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