Overson v. Martin

In Overson v. Martin, 90 Ariz. 9, 363 P.2d 604 (1961), the trial court set aside an entry of default upon a showing that the defendants were out of the state when their son was served and did not discover the complaint and summons until Mr. Martin sorted through the mail that had accumulated in their absence. 90 Ariz. at 10-11, 363 P.2d at 604-05. In determining that "the lapse of over a month after the discovery of the complaint and summons on the family breakfast table without attempting to contact their attorney" was not a showing of good cause, the supreme court stated: "The principles announced relative to 'good cause shown' for the delay in cases pertaining to default judgments are applicable in this case even though no judgment has been entered." Id. Thus, Overson does not actually hold that the grounds for showing good cause to set aside an entry of default are limited to those in Rule 60(c). Rather, the court's conclusion that the defendants waited too long to seek relief after becoming aware of the complaint and summons is consistent with the general rule that a defendant must promptly seek relief upon discovery of the default. See P 7, supra.