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ALMAREZ v. SUPERIOR COURT

No. 2 CA SA 0255.

146 Ariz. 189 (1985)

704 P.2d 830

Gloria ALMAREZ, a married woman, individually, and Gloria Almarez as natural mother and best friend of Francisco Javier Valencia and Jacqueline Almarez, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, Hon. Harry Gin, a judge thereof, and Todd Douglas Wilson, a single man, Respondents.

Court of Appeals of Arizona, Division 2, Department B.

July 24, 1985.

Attorney(s) appearing for the Case

Lars Pedersen, Tucson, for petitioners.

Murphy, Clausen & Goering, P.C. by R. Douglas Holt, Tucson, for respondents.

OPINION

LACAGNINA, Judge.

This special action was taken from the order of the trial court granting the defendant Wilson's motion to set aside a default judgment taken against him by the plaintiffs. The action arose out of an automobile accident which occurred in 1983. The plaintiffs filed their complaint on March 8, 1985, and Wilson was served on March 11. On April 2, no answer having been filed, the plaintiffs filed an affidavit of default. Following a hearing...

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