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PEREZ v. VALLEY NAT. BANK

No. 2 CA-CIV 3936.

131 Ariz. 153 (1981)

639 P.2d 343

Jose PEREZ, a single man, Plaintiff/Appellee, v. VALLEY NATIONAL BANK, as Personal Representative of the Estate of Manuel Ferrera, Deceased, Probate No. P-5602, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 2, 1981.

Review Denied December 22, 1981.

Attorney(s) appearing for the Case

Bolding & Zavala by Ed Bolding, Tucson, for plaintiff/appellee.

Renaud, Cook & Videan, P.A. by Robert M. Geiger, Phoenix, for defendant/appellant.

OPINION

HATHAWAY, Chief Judge.

Plaintiff was injured by another patron in Manny's Cocktail Lounge, an establishment owned by Manuel Ferrera. He sued Ferrera and got a default judgment. Some time after Ferrera died, his personal representative moved to set aside the default and default judgment. The judgment was set aside, but not the default. The fact of Ferrera's death was mentioned in this motion in its argument, the accompanying affidavits and the prayer...

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