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LIBERTY MUT. INS. CO. v. RAPTON

No. 2 CA-CIV 4918.

140 Ariz. 60 (1984)

680 P.2d 196

LIBERTY MUTUAL INSURANCE CO., a foreign corporation, Plaintiff/Appellee, v. Jim RAPTON and Cheryl Rapton, husband and wife, d/b/a Worktree Lawn & Sprinkler, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

February 28, 1984.

Attorney(s) appearing for the Case

Charles M. Giles, P.C., Jim D. Himelic, P.C. by Jim D. Himelic, Tucson, for plaintiff/appellee.

John W. Acer, Phoenix, and Dennis L. Parrott, Tucson, for defendants/appellants.

OPINION

HATHAWAY, Judge.

We are asked to determine whether service of the complaint was proper and, if it was proper, whether appellant should nonetheless be relieved of the default judgment against him because of mistake, inadvertence or excusable neglect. The facts giving rise to this appeal are essentially not in dispute and are briefly recounted.

Plaintiff/appellee Liberty Mutual Insurance Company filed a complaint on November 12, 1982, against...

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