Anderson v. Wilson

I dissent. The majority’s narrow interpretation given to the term “appeared” in Rule 55(b)(2) is incorrect.

In my opinion, the late filing of an answer can constitute an appearance under Rule 55(b)(2). Arizona courts have followed the majority rule and recognized that an appearance can be any action by which a party comes into court and submits himself to its jurisdiction. National Homes Corp. v. Totem Mobile Home Sales, Inc., 140 Ariz. 434, at 437, 682 P.2d 439 at 442 (1984) (quoting from Austin v. State ex rel. Herman, 10 Ariz.App. 474, 477, 459 P.2d 753, 756 (1969)). The filing of an answer…