Searchtoppers.com, L.L.C. v. TrustCash LLC

OPINION

HALL, Judge.

¶ 1 Is a party who has been defaulted in a liquidated damages case for failure to appear nonetheless entitled to notice and an opportunity to be heard pursuant to Arizona Rules of Civil Procedure (Rule) 55(b)(2) before default judgment may be entered against it? Another panel of this court recently answered “yes” to this question. See BYS Inc. v. Smoudi 228 Ariz. 573, 578, ¶ 20, 269 P.3d 1197, 1202 (App.2012). In this factually analogous case, we answer “no” because we conclude that Rule 55(b)(1) authorized the superior court’s entry of default judgment by motion against…