Webb v. Erickson

OPINION

CONTRERAS, Judge.

At issue is whether the trial court abused its discretion in vacating a default judgment entered against garnishee-defendantappellee. We find that the trial court’s action was not justified under any subsec*193tion of Rule 60(c), Arizona Rules of Civil Procedure, and therefore reverse.

FACTUAL BACKGROUND

On August 5, 1975, appellant Webb obtained a default judgment against Carl S. Erickson and Nancy J. Erickson, husband and wife, in the amount of $5,000 plus interest, plus $1,500 in attorneys’ fees. The judgment represented two (2) promissory notes and a check for…