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GENERAL ELEC. CAPITAL CORP. v. OSTERKAMP

No. 2 CA-CV 91-0185.

172 Ariz. 185 (1992)

836 P.2d 398

GENERAL ELECTRIC CAPITAL CORPORATION, Plaintiff/Appellant, v. Elizabeth OSTERKAMP, Defendant/Appellee.

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

As Amended on Denial of Reconsideration March 5, 1992.

Review Denied September 22, 1992.

Attorney(s) appearing for the Case

Norling, Oeser & Williams by Steven H. Williams and Darrell E. Davis, Phoenix, for plaintiff/appellant.

Molloy, Jones & Donahue, P.C. by David J. Diamond, Tucson, for defendant/appellee.

OPINION

LACAGNINA, Judge.

In this appeal from orders setting aside default entered against Elizabeth Osterkamp and granting summary judgment in her favor, we must decide whether her counsel's misunderstanding of the effect of the 10-day grace period provided in Ariz. R.Civ.P. 55(a), 16 A.R.S., which resulted in his failure to file an answer within that period, is a sufficient reason for setting aside the default and the judgment under Ariz.R.Civ.P. 60(c...

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