Sax v. Superior Court

OPINION

FERNANDEZ, Judge.

Petitioner has brought this special action from the trial court’s order setting aside a default. An order vacating an entry of default is not an appealable order, Richas v. Superior Court, 133 Ariz. 512, 652 P.2d 1035 (1982), and because we believe the trial court abused its discretion in entering the order, we assume jurisdiction and grant relief.

The real parties in interest were served with a summons and complaint on January 24, 1985. They were required to file an answer by February 13. Rule 12(a), Rules of Civil Procedure, 16 A.R.S. On February 15 they had not filed…