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MILLER v. NATIONAL FRANCHISE SERVICES

No. 1 CA-CV 89-135.

167 Ariz. 403 (1991)

807 P.2d 1139

Larry MILLER, Plaintiff Judgment Creditor-Appellee, v. NATIONAL FRANCHISE SERVICES, INC., Garnishee Defendant-Appellant.

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

March 14, 1991.

Attorney(s) appearing for the Case

Levy, Sherwood, Klein and Dudley, P.A. by Gregory J. Meell, Phoenix, for appellee.

Leonard T. Whitfield, Mesa, for appellant.

OPINION

LANKFORD, Judge.

A garnishee defendant has appealed from the superior court's order denying the garnishee's motion to set aside a default judgment. Appellant presents two issues:

(1) Did the superior court abuse its discretion by declining to set aside a default judgment against a garnishee when the judgment debtor had filed a bankruptcy petition on the same day the default judgment was filed? (2) Did the superior court err in declining...

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