Duckstein v. Wolf
Court of Appeals of Arizona
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…
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