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DAOU v. HARRIS

No. 2 CA-CIV 4554.

139 Ariz. 368 (1983)

678 P.2d 949

Patricia M. DAOU, Plaintiff/Appellee, v. Albert J. HARRIS, M.D., Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 19, 1983.

Review Granted July 12, 1983.

Attorney(s) appearing for the Case

Culbert & DeNinno by David R. Pardee, Globe, for plaintiff/appellee.

George F. Klink, Phoenix, for defendant/appellant.

OPINION

HATHAWAY, Judge.

The sole issue presented is whether the proceedings in this medical malpractice litigation which resulted in the plaintiff/appellee being awarded a $300,000 default judgment are void. We hold they are.

Appellant was served with the summons and complaint alleging medical malpractice in September 1981. After the expiration of the period in which he could have filed an answer, default was entered. Default judgment was subsequently...

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