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COOK v. STEINER

No. 1 CA-CIV 2201.

22 Ariz. App. 505 (1974)

528 P.2d 1264

Francis K. COOK, and Sunset Development Corporation, a Nevada corporation, Appellants, v. Arthur STEINER, Neil Rand and Steiner and Rand, Inc., an Arizona corporation, Appellees.

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

Rehearing Denied January 13, 1975.

Review Denied February 18, 1975.

Attorney(s) appearing for the Case

Cunningham, Goodson & Tiffany, Ltd. by James P. Cunningham, James W. Ryan, Phoenix, for appellants.

Barry Allen Reiss, Phoenix, for appellees.

OPINION

OGG, Judge.

What rights do defaulted defendants have to participate in the damage aspect of a default judgment hearing? The appellants-defendants Francis K. Cook and Sunset Development Corporation present this question to us in this appeal. It is the opinion of this court that once a defaulted defendant has made a motion under the provisions of Rule 55(b)2, Rules of Civil Procedure, 16 A.R.S., it is the duty of the trial court to allow such defendant...

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