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SHEMAITIS v. SUPERIOR COURT

No. 2 CA-CIV 2395.

114 Ariz. 288 (1976)

560 P.2d 806

Peter SHEMAITIS and Eda Shemaitis, husband and wife, Petitioners, v. The SUPERIOR COURT of the State of Arizona FOR PIMA COUNTY, the Honorable Gilbert Veliz, a Judge thereof, and SALVATION ARMY, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 19, 1977.

Review Denied February 23, 1977.

Attorney(s) appearing for the Case

Ganson, Powell & Hays by Norris L. Ganson, Tucson, for petitioners.

Murphy & Hazlett by Carl E. Hazlett, Tucson, for respondent Salvation Army.

OPINION

HATHAWAY, Judge.

Petitioners challenge the trial court's granting of a motion to set aside an entry of default. Since there is no remedy by appeal, intervention by way of special action is appropriate and we take jurisdiction. The respondent real party in interest was served with a copy of summons and complaint on June 28, 1976, the complaint stemming from a motor vehicle accident. On July 27, default was entered, no appearance or answer having been...

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