Legal Opinion
Davis v. Superior Court
Court of Appeals of Arizona
Decided January 7, 1976No. 2 CA-CIV 2058PublishedCited by 4 opinions
1Opinion of the Court
OPINION
HATHAWAY, Judge.
The subject of this special action is the respondent court’s denial of a motion to set aside entry of default against petitioners. Since an order denying a motion to set aside a default is not appealable, special action relief is appropriate. American Motors Sales Corp. v. Superior Court, 16 Ariz.App. 494, 494 P.2d 394 (1972).
The sequence of events is as follows. Mr. Coon filed a complaint in superior court on July 3, 1975, seeking to recover damages from petitioners for an alleged assault and battery. Service of the summons and complaint was effected on August 11,…
2Cases cited4 opinions
- Brown v. BeckArizona Supreme Court · 1946
- Smith v. MonroeCourt of Appeals of Arizona · 1971
- American Motors Sales Corp. v. Superior CourtCourt of Appeals of Arizona · 1972
- Marks v. Superior CourtCalifornia Court of Appeal · 1966
3Cited by4 opinions
- DeHoney v. HernandezArizona Supreme Court · 1979
- Waltner v. JPMorgan Chase Bank, N.A.Court of Appeals of Arizona · 2013
- Pritchard v. StateCourt of Appeals of Arizona · 1989
- Harmon v. GainesCourt of Appeals of Arizona · 2019