HAWKE v. BELL

No. 2 CA-CIV 4445.

136 Ariz. 18 (1983)

663 P.2d 1009

Lawrence M. HAWKE and Linda Hawke, husband and wife, Plaintiffs/Appellants, v. Philip Michael BELL and Ruth Bell, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 7, 1983.

Review Denied May 24, 1983.


Attorney(s) appearing for the Case

Curtis & Cunningham by George Haskel Curtis, Tucson, for plaintiffs/appellants.

Bury & Moeller, P.C. by David C. Bury, Tucson, for defendants/appellees.


OPINION

BIRDSALL, Judge.

Can the trial court set aside a default judgment because of the amount of damages awarded absent new evidence that the amount of the award was not justified? That is the only question presented in this appeal. We hold that it cannot and reverse.

On September 11, 1981, the plaintiff/appellant, Lawrence M. Hawke, was seriously injured when bitten by the appellees' Rhodesian Ridgeback dog. The appellants, Mr. Hawke and his wife...

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