· 9/28/1982
Richas v. SUPERIOR COURT OF ARIZONA, ETC.
Citations
- 652 P.2d 1035
- 133 Ariz. 512
- 1982 Ariz. LEXIS 269
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a trial court’s denial of a motion to set aside an entry of default is reviewed for an abuse of discretion
- observing that all doubts as to whether a default should be set aside should be resolved in favor of the moving party
- stating that “[w]here there is no explanation for the delay, there is no excuse shown and no legal ground” to support a finding of good cause
- requiring an appellant to “set forth facts which, if proved at the trial, would constitute a meritorious defense” to entry of a default judgment
- stating “[a] meritorious defense must be established by facts and cannot be established through conclusions, assumptions or affidavits based on other than personal knowledge”
- noting that the rule requires “‘excusable neglect,’ not ‘unexplained neglect’’’
Source: CourtListener parenthetical corpus (CC0).
Judges: Feldman, Holohan, Gordon, Hays, Cameron
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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