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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.