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SCHOOLEY v. PENA

No. 1 CA-CV 21-0216.

510 P.3d 522 (2022)

Joseph SCHOOLEY, Plaintiff/Appellant, v. Arturo PENA, Defendant/Appellee. Farmers Insurance Exchange, Garnishee/Appellee.

Court of Appeals of Arizona, Division 1.

FILED May 17, 2022.

Attorney(s) appearing for the Case

Ahwatukee Legal Office PC, Phoenix, By David L. Abney , Co-Counsel for Plaintiff/Appellant.

Phillips Law Group, Phoenix, By Sophia J. Augeri , Timothy G. Tonkin , Co-Counsel for Plaintiff/Appellant.

Law Office of Broening Oberg Woods & Wilson, Phoenix, By Alicyn Freeman , Kelly Jancaitis , Co-Counsel for Garnishee/Appellee.

Lewis Roca Rothgerber Christie LLP, Phoenix, By Lawrence A. Kasten , Steven J. Hulsman , Co-Counsel for Garnishee/Appellee.

Judge Michael J. Brown delivered the opinion of the Court, in which Presiding Judge Randall M. Howe and Judge Brian Y. Furuya joined.

OPINION

¶1 Joseph Schooley appeals the superior court's order setting aside a default judgment entered against Farmers Insurance Exchange ("Farmers") in a garnishment proceeding. He argues the court abused its discretion, asserting Farmers failed to show excusable neglect. Because Schooley failed to provide notice of...

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