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GENDRON v. SKYLINE BEL AIR ESTATES

No. 2 CA-CIV 3000.

121 Ariz. 367 (1979)

590 P.2d 483

Harold E. GENDRON and Margaret Gendron, husband and wife, Plaintiffs/Appellants, v. SKYLINE BEL AIR ESTATES, an Arizona Corporation, J.W. Albertz and Florenze Albertz, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

January 30, 1979.

Attorney(s) appearing for the Case

Bilby, Shoenhair, Warnock & Dolph, P.C. by Daniel A. Nicolini, Tucson, for plaintiffs/appellants.

Jerome S. Sonenblick, Tucson, for defendants/appellees.

OPINION

HOWARD, Judge.

This is an appeal from an order setting aside appellants' entry of default and default judgment. Appellants contend the trial court abused its discretion. We do not agree and affirm.

Appellants' original complaint, filed September 10, 1976, alleged that the defendants had violated the subdivision restrictions of Skyline Bel Air Estates by building or allowing a house to be built in violation of the setback requirements contained...

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