Aviation Specialties Inc., an Arizona Corporation D/B/A Desert Aviation Services v. Thomas M. Thompson

This is an appeal from an order of the District Court for the District of Arizona denying appellant’s motion for a rehearing on a motion to set aside a default judgment made and entered against appellant in the above matter on November 28, 1966.

The only question presented here which we deem necessary to decide, is whether the District Court abused its discretion in denying the motion for rehearing.

Appellee’s complaint in this action was filed on October 17, 1966, and service was made on the appellant on October 18, 1966. The appellant failed to serve and file a responsive pleading to the complaint within the statutory period of twenty days and on November 8, 1966, the default of appellant was entered by the Clerk of the District Court on the application of counsel for appellee. The following day, November 9, 1966, counsel for appellant filed an answer and various motions. Thereafter, on November 14, 1966, a motion to strike, a motion for default judgment, and a notice of hearing on the same were filed and service of the same was made by mail on counsel for appellant. On November 23, 1966, the day and time specified in said notice a hearing was had before the court on the…