Beal v. State Farm Mutual Automobile Insurance

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 to timely answer plaintiff Thomas Beal’s com-. plaint was excusable neglect; (2) whether the trial court abused its discretion in refusing to…