Soltes v. Jarzynka

OPINION

CONTRERAS, Judge.

Appellants have presented for review the issue of whether the trial court abused its discretion in refusing to set aside a default and default judgment. Because of the present procedural posture of this case, we are of the opinion that we do not have jurisdiction to entertain the appeal and that the appeal must be dismissed and the case remanded.

Appellants and appellees are neighbors in a residential subdivision of Maricopa County known as Sundown Ranch Estates. In early March, 1978, appellants commenced construction of an addition to their home. A significant portion…