Mercantile National Life Insurance Co. v. Villalba

HOWARD, Judge.

The record indicates that the trial court struck appellant’s answer and entered a default judgment. The facts of the case are not important at this date since the record clearly demonstrates two cogent reasons why this case should be affirmed.

We first note that appellant filed no motion in the trial court under Rule 55(c), Rules of Civil Procedure, 16 A.R.S., to set aside the default judgment. There is no doubt that this requirement must be met prior to an appeal from a default judgment. Byrer v. A. B. Robbs Trust Co., 105 Ariz. 457, 466 P.2d 751 (1970); Horne v. Superior Court,…