Gulf Homes, Inc. v. Beron

CAMERON, Justice.

Wilfred and Kathryn Beron brought this petition for review of a memorandum decision of the Court of Appeals, which held that the trial court erred in entering a default judgment against the plaintiff, Gulf Homes, Inc. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3) and A.R.S. § 12-120.24.

We must answer two questions:

1. Was the failure of the deponent, Max Morgan, President of Gulf Homes, Inc., to answer questions or give only uninformative answers tantamount to failing to appear for the deposition?

2. Was it an abuse of discretion for the trial court to enter a…