BIRDS INTERN. CORP. v. ARIZONA MAINTENANCE CO.

No. 2 CA-CIV 4472.

135 Ariz. 545 (1983)

662 P.2d 1052

BIRDS INTERNATIONAL CORPORATION, Plaintiff/Appellant, v. ARIZONA MAINTENANCE CO., INC., and Elliott Feldman and Jane Doe Feldman, his wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 8, 1983.

Review Denied May 3, 1983.


Attorney(s) appearing for the Case

Killian, Legg, Nicholas & Fischer by Charles W. Wirken, Mesa, for plaintiff/appellant.

Kimble, Gothreau, Ryan, Nelson & Cannon, P.C. by William Kimble, Tucson, for defendants/appellees.


OPINION

BIRDSALL, Judge.

The plaintiff/appellant, Birds International Corporation, appeals from the trial court's orders dismissing the plaintiff's complaint, entering judgment in favor of the defendants/appellees, Arizona Maintenance Co., Inc. et al. and denying the plaintiff's motion to set aside the dismissal or the underlying default. For the reasons set forth below, we reverse and remand.

The appellant, a breeder of exotic birds, brought an action...

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