Wilshire Mortgage Corp. v. Elmer Shelton Concrete Contractor, Inc.

LOCKWOOD, Vice Chief Justice.

This is an appeal from the denial of a motion to set aside a default judgment made under Rule 55(c), Rules of Civil Procedure, 16 A.R.S. Although other issues have been raised, the only question we will consider is whether the trial judge abused his discretion in the denial of the motion to set aside the default on the grounds that a meritorious defense was not presented as to one of the causes of action, since it is the only question necessary to answer at this stage of the proceedings.

Elmer Shelton Concrete Contractor, Inc., hereinafter called Shelton, plaintiff…