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FRIDENA v. PALMER

No. 10440.

107 Ariz. 455 (1971)

489 P.2d 265

Christine FRIDENA, Successor to Robert G. Begam, Executor of the Estate of Daniel T. Fridena, Jr., Appellant. v. Dean H. PALMER and Mildred T. Palmer, his wife, Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied November 4, 1971.

Attorney(s) appearing for the Case

Miller & Haggerty, by Philip M. Haggerty, Phoenix, for appellant.

Udall, Shumway & Blackhurst, by Dale R. Shumway, Mesa, Snell & Wilmer, by Mark Wilmer, Phoenix, for appellees.

CAMERON, Justice.

This is an appeal from an order of the trial court refusing to grant the motion of the defendant-appellant, Daniel T. Fridena, Jr., D.O., to set aside a default and default judgment.

We are called upon to determine:

1. Whether the court had jurisdiction by reason of service of process, and 2. whether the court abused its discretion in failing to set aside the default and judgment.

On 12 April 1968, plaintiff, Dean...

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