Wright v. Sears, Roebuck & Co.

GORDON, Justice:

This appeal stems from the trial judge’s denial of a motion to set aside a judgment of dismissal and reinstate litigation. We are presented with the issue of whether the trial judge abused his discretion in denying that motion. We take jurisdiction pursuant to 17A A.R.S.Sup.Ct. Rules, rule 47(e).

Appellant Larry J. Wright originally filed suit against Sears, Roebuck & Co. and other defendants in October of 1972. The nature of the underlying cause of action is not germane to this appeal. The complaint did indicate that appellant was, at that time, a resident of Arizona.…