BEAL v. STATE FARM MUT. AUTO. INS. CO.

Nos. 1 CA-CIV 8191, 1 CA-CIV 8223.

151 Ariz. 514 (1986)

729 P.2d 318

Thomas W. BEAL, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Intervenor-Appellant. Thomas W. BEAL, Plaintiff-Appellee, v. George Edward IDDINGS and Jane Doe Iddings, his wife; George E. Iddings and Marjorie H. Iddings, his wife, Defendants-Appellants.

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

July 10, 1986.


Attorney(s) appearing for the Case

Harris & Palumbo, P.C. by John David Harris, and Jennings, Kepner & Haug by Jack R. Cunningham, Carolyn M. Kaluzniacki, Phoenix, for plaintiff-appellee.

Ridenour, Swenson, Cleere & Evans by James W. Evans, Michael J. Frazelle, Phoenix, for intervenor-appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth and Beshears, P.C. by Scott E. Boehm, Ralph E. Hunsaker, Phoenix, for defendants-appellants Iddings.


JACOBSON, Presiding Judge.

These are consolidated appeals by the defendants in a personal injury action, and their insurer, from a formal order denying their motions to set aside a default and default judgment.

The issues presented for our consideration are: (1) whether the trial court abused its discretion in refusing to vacate the default judgment pursuant to Rule 60(c)(1), Arizona Rules of Civil Procedure, on the ground that defendants Iddings' failure...

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