Monday, January 6, 2014

Webb v. Erickson case brief

Webb v. Erickson case brief summary
134 Ariz. 182

Defendant garnishee sought review of an order of the Court of Appeals (Arizona), which reversed an order of the superior court, which entered an order setting aside plaintiff garnisher's default judgment against the garnishee.

After obtaining a judgment against a third party debtor, a garnishor filed a suit against a garnishee in order to collect on the third party debt. The garnishee failed to answer, and a default judgment was entered against him. The garnishee filed a suit to have the default judgment set aside, and the superior court set the default judgment aside; however, the appellate court reversed.


  • The court vacated the appellate court's order holding that under Ariz. R. Civ. P. 60(c)(6), the garnishee had produced evidence showing that he was entitled to equitable relief from the default judgment. 
  • The court further held that some of the equitable factors that were properly considered by the superior court included the confusing wording of the summons, the garnishee's state of mind upon his receipt of the summons, and the fact that the garnishee had not received notice of the default judgment until three and one-half years after its entry. 
  • Finally, the court held that the garnishee had acted promptly in seeking relief from the default judgment and had established a meritorious defense to it.
The court vacated an order of the appellate court, which reversed an order of the superior court, which entered an order setting aside a garnisher's default judgment against a garnishee.

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