For Your Data Webb V. Erickson Illustration Brief
August 31, 2019
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Webb v. Erickson representative brief summary
134 Ariz. 182
CASE SYNOPSIS
Defendant garnishee sought review of an lodge of the Court of Appeals (Arizona), which reversed an lodge of the superior court, which entered an lodge setting aside plaintiff garnisher's default judgment against the garnishee.
CASE FACTS
After obtaining a judgment against a 3rd political party debtor, a garnishor filed a accommodate against a garnishee inwards lodge to collect on the 3rd political party debt. The garnishee failed to answer, as well as a default judgment was entered against him. The garnishee filed a accommodate to convey the default judgment laid upwards aside, as well as the superior courtroom laid upwards the default judgment aside; however, the appellate courtroom reversed.
DISCUSSION
The courtroom vacated an lodge of the appellate court, which reversed an lodge of the superior court, which entered an lodge setting aside a garnisher's default judgment against a garnishee.
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134 Ariz. 182
CASE SYNOPSIS
Defendant garnishee sought review of an lodge of the Court of Appeals (Arizona), which reversed an lodge of the superior court, which entered an lodge setting aside plaintiff garnisher's default judgment against the garnishee.
CASE FACTS
After obtaining a judgment against a 3rd political party debtor, a garnishor filed a accommodate against a garnishee inwards lodge to collect on the 3rd political party debt. The garnishee failed to answer, as well as a default judgment was entered against him. The garnishee filed a accommodate to convey the default judgment laid upwards aside, as well as the superior courtroom laid upwards the default judgment aside; however, the appellate courtroom reversed.
DISCUSSION
- The courtroom vacated the appellate court's lodge asset that under Ariz. R. Civ. P. 60(c)(6), the garnishee had produced testify showing that he was entitled to equitable relief from the default judgment.
- The courtroom farther held that closed to of the equitable factors that were properly considered past times the superior courtroom included the confusing wording of the summons, the garnishee's soil of ask heed upon his receipt of the summons, as well as the fact that the garnishee had non received detect of the default judgment until iii as well as half years later on its entry.
- Finally, the courtroom held that the garnishee had acted promptly inwards seeking relief from the default judgment as well as had established a meritorious defence to it.
The courtroom vacated an lodge of the appellate court, which reversed an lodge of the superior court, which entered an lodge setting aside a garnisher's default judgment against a garnishee.
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