Legal Opinion

Sloan v. Florida-Vanderbilt Development Corp.

Court of Appeals of Arizona

Decided December 19, 1974No. 1 CA-CIV 2234PublishedCited by 13 opinions

1Opinion of the Court

OPINION

FROEB, Judge.

This is an appeal from an order vacating a default judgment.

Our review is to determine whether the record presents any basis under 16 A.R.S., Rules of Civil Procedure, Rule 60(c), for the exercise of discretion in setting aside the judgment. We conclude that it does not. In reaching this result, we follow a similar decision of the Arizona Supreme Court in Lynch v. Arizona Enterprise Mining Co., 20 Ariz. 250, 179 P. 956 (1919), where it was held:

“We are loath to disturb any order of the lower court based upon the exercise of its discretionary power, but feel that a failure…

2Cases cited6 opinions

  1. Ackermann v. United StatesSupreme Court of the United States · 1950
  2. Klapprott v. United StatesSupreme Court of the United States · 1949
  3. Postal Ben. Ins. Co. v. JohnsonArizona Supreme Court · 1946
  4. Lynch v. Arizona Enterprise Mining Co.Arizona Supreme Court · 1919
  5. Roll v. JancaCourt of Appeals of Arizona · 1974

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

3Cited by13 opinions

  1. John Pochiro and Karen Pochiro, Husband and Wife v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1987
  2. Richas v. SUPERIOR COURT OF ARIZONA, ETC.Arizona Supreme Court · 1982
  3. Webb v. EricksonArizona Supreme Court · 1982
  4. Bickerstaff v. Denny's Restaurant, Inc.Arizona Supreme Court · 1984
  5. FLOOD CONTROL DIST. OF MARICOPA CTY. v. ConlinCourt of Appeals of Arizona · 1985

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

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