Phillips v. Findlay

HOWARD, Judge.

In this appeal the appellants claim that the trial court abused its discretion in granting the appellees’ motion to set aside the entry of default and default judgment. (Appellants were plaintiffs and appellees were defendants below.)

The facts pertaining to the entry of default and default judgment, viewed in the light favorable to the trial court’s decision are as follows.

On December 13, 1971, a complaint was filed by the plaintiffs in the Pinal County Superior Court alleging that they were injured by reason of the negligence of the following named defendants. Magma Copper…