Corbet v. Superior Court (Maricopa County)

In Corbet v. Superior Court (Maricopa County), 165 Ariz. 245, 798 P.2d 383 (App. 1990), after the defendant filed an answer within the ten-day notice of default grace period, as calculated pursuant to Rule (6)(a), the court entered default against him and denied his motion to set aside the entry of default and vacate the default hearing. 165 Ariz. at 247, 798 P.2d at 385. In reversing the decision of the trial court, this court noted that because the defendant's "answer was timely filed, Rule 55(a)(3) prevented the clerk's entry of default from ever taking effect." Id. at 248, 798 P.2d at 386. See Ariz. R. Civ. P. 55(a)(3). The Court concluded that because it had been improperly entered, "the default . . . had no effect whatever," that "the entry of default was void," and like a void judgment, "the superior court had no discretion to refuse to vacate the entry of default." Id.