General Electric Capital Corp. v. Osterkamp

OPINION

LACAGNINA, Judge.

In this appeal from orders setting aside default entered against Elizabeth Osterkamp and granting summary judgment in her favor, we must decide whether her counsel’s misunderstanding of the effect of the 10-day grace period provided in Ariz. R.Civ.P. 55(a), 16 A.R.S., which resulted in his failure to file an answer within that period, is a sufficient reason for setting aside the default and the judgment under Ariz.R.Civ.P. 60(c)(1), 16 A.R.S. We hold that it is not and reverse.

FACTS AND PROCEDURAL HISTORY

On December 29, 1988, General Electric Capital Corporation filed…