Legal Opinion
Dungan v. Superior Court in & for County of Pinal
Court of Appeals of Arizona
Decided July 19, 1973No. 2 CA-CIV. 1475PublishedCited by 31 opinions
1Opinion of the Court
HATHAWAY, Chief Judge.
Does a defaulted defendant have a right to participate at a hearing on application for default judgment? That is the question to which we address ourselves in this special action proceeding.
Briefly, the pertinent procedural chronology is as follows. On November 8, 1972, the default of the petitioners, defendants in a suit for personal injury, was entered. In April, 1973, petitioners filed a motion to set aside entry of default, asserting two grounds therefor, which was denied on June 11, 1973.
On June 14, 1973, a notice of hearing of application for default judgment on…
2Cases cited6 opinions
- Peitzman v. City of IllmoCourt of Appeals for the Eighth Circuit · 1944
- Austin v. State Ex Rel. HermanCourt of Appeals of Arizona · 1969
- Mayhew v. McDougallCourt of Appeals of Arizona · 1971
- Reed v. FreyCourt of Appeals of Arizona · 1969
- Campbell v. FRAZER CONSTRUCTION COMPANYArizona Supreme Court · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Daou v. HarrisArizona Supreme Court · 1984
- Kwik Way Stores, Inc. v. CaldwellSupreme Court of Colorado · 1987
- Payne v. DewittSupreme Court of Oklahoma · 1999
- Gallegos Ex Rel. Estate of Gallegos v. FranklinNew Mexico Court of Appeals · 1976
- Christy A. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 2007
26 more not listed; retrieve them via the Exa API.