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WEBB v. ERICKSON

No. 1 CA-CIV 5138.

134 Ariz. 191 (1981)

655 P.2d 15

James WEBB, Plaintiff-Appellant, v. Carl S. ERICKSON and Nancy J. Erickson, husband and wife, Defendants, and James M. Bates, Garnishee-Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied February 1, 1982.

Review Granted March 9, 1982.

Attorney(s) appearing for the Case

Lawrence J. Marks, Phoenix, for plaintiff-appellant.

Lebowitz & Frondorf by Shirley H. Frondorf, Phoenix, for garnishee-defendant-appellee.

OPINION

CONTRERAS, Judge.

At issue is whether the trial court abused its discretion in vacating a default judgment entered against garnishee-defendant-appellee. We find that the trial court's action was not justified under any subsection of Rule 60(c), Arizona Rules of Civil Procedure, and therefore reverse.

FACTUAL BACKGROUND

On August 5, 1975, appellant Webb obtained a default judgment against Carl...

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