Champlin Stopinski, Skipton and Assoc. v. Bank of America

ECKERSTROM, Presiding Judge.

¶ 1 This interpleader action concerns the distribution of insurance funds following a fire that destroyed a mortgaged residential property. The defendant/appellant Bank of America, N.A., appeals from the default judgment entered against it. The bank argues (1) the entry of default in this case is void and had to be set aside because a copy of the application for entry of default was not timely mailed pursuant to Rule 55(a), Ariz. R. Civ. P., 1 and (2) the trial court erred in concluding the bank’s failure to file an an swer was grounds for denying the motion to set…