Legal Opinion

Harper v. CANYON LAND DEVELOPMENT, LLC

Court of Appeals of Arizona

Decided December 23, 2008No. 1 CA-CV 07-0887PublishedCited by 6 opinions

1Opinion of the Court

OPINION

HALL, Judge.

¶ 1 This appeal requires us to determine whether a default judgment may be set aside pursuant to Arizona Rule of Civil Procedure (Rule) 60(c)(1) for excusable neglect when the defendant moves for relief within six months of the judgment but more than six months following the entry of default. The trial court denied Canyon Land Development, LLC (CLD)’s motion to set aside the default judgment on the basis that it was untimely. Concluding that the six-month limitation in Rule 60(c) commences when the judgment is filed and not when the default is entered, we vacate the trial…

2Cases cited25 opinions

  1. Orme School v. ReevesArizona Supreme Court · 1990
  2. Federal Deposit Insurance Corporation, as Receiver for Central Savings and Loan Association v. Daniel T. McSweeney Frederick C. StalderCourt of Appeals for the Ninth Circuit · 1992
  3. Hutton v. FisherCourt of Appeals for the Third Circuit · 1966
  4. United States v. Roosevelt DanielsCourt of Appeals for the Seventh Circuit · 1990
  5. Richas v. SUPERIOR COURT OF ARIZONA, ETC.Arizona Supreme Court · 1982

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3Cited by6 opinions

  1. Blair v. BurgenerCourt of Appeals of Arizona · 2010
  2. State of Arizona v. Ronald VassellCourt of Appeals of Arizona · 2015
  3. Blair Southern Ventures, Inc. v. Burgener TigerlillyCourt of Appeals of Arizona · 2010
  4. Neeme Systems Solutions, Inc. v. Spectrum Aeronautical, LLCCourt of Appeals of Arizona · 2011
  5. Nunez v. ValenteCourt of Appeals of Arizona · 2026

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

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