Gengler v. Phelps

(specially concurring).

A. The order setting aside the default judgment was final and appealable.

This case involves an appeal from an order setting aside a default judgment.

We must distinguish an appeal of an order setting aside a default judgment, from an appeal of a default judgment.

An order setting aside and holding for naught a default judgment is a “final judgment” and appealable. Starnes v. Starnes, 72 N.M. 142, 381 P.2d 423 (1963). An order overruling defendant’s motion to set aside a default judgment is final and appealable. Wooley v. Wicker, 75 N.M. 241, 403 P.2d 685 (1965). For a…