Legal Opinion

Duckstein v. Wolf

Court of Appeals of Arizona

Decided July 31, 2012No. 1 CA-CV 11-0534PublishedCited by 29 opinions

1Opinion of the Court

OPINION

KESSLER, Judge.

¶ 1 David J. Wolf (“Husband”) appeals from the trial court’s order denying his motion to set aside a default dissolution decree. We hold that failure to verify a petition for dissolution of marriage and lack of proper notarization of an acceptance of service do not deprive the trial court of jurisdiction. We also hold, however, that when a motion to set aside a default judgment presents contested issues of material fact and a party requests an evidentiary hearing, the trial court should conduct an evidentiary hearing before ruling on the motion. For the following…

2Cases cited26 opinions

  1. Oldfield v. Pueblo De Bahia Lora, S.A.Court of Appeals for the Eleventh Circuit · 2009
  2. Sloss Industries Corporation v. EurisolCourt of Appeals for the Eleventh Circuit · 2007
  3. Grant v. Arizona Public Service Co.Arizona Supreme Court · 1982
  4. Philos Technologies, Inc. v. Philos & D, Inc.Court of Appeals for the Seventh Circuit · 2011
  5. Blair v. BurgenerCourt of Appeals of Arizona · 2010

21 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Bank of Ny v. DodevCourt of Appeals of Arizona · 2018
  2. Michaelson v. GarrCourt of Appeals of Arizona · 2014
  3. Alvarado v. ThomsonCourt of Appeals of Arizona · 2016
  4. Stafford v. BurnsCourt of Appeals of Arizona · 2017
  5. Ruffino v. LokoskyCourt of Appeals of Arizona · 2018

24 more not listed; retrieve them via the Exa API.

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