Opinion
No. 2 CA-CV 2013-0141
03-28-2014
F & C HOLDINGS, LLC, Plaintiff/Appellee, v. CAROL MARIE SNOW, Defendant/Appellant.
Law Offices of Ronald J. Newman, Tucson By Ronald J. Newman Counsel for Plaintiff/Appellee Carol Marie Snow, Tucson In Propria Persona
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND
MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See Ariz. R. Sup. Ct. 111(c); Ariz. R. Civ. App. P. 28(c).
Appeal from the Superior Court in Pima County
No. C20132747
The Honorable Lori B. Jones, Judge Pro Tempore
AFFIRMED
COUNSEL
Law Offices of Ronald J. Newman, Tucson
By Ronald J. Newman
Counsel for Plaintiff/Appellee
Carol Marie Snow, Tucson
In Propria Persona
MEMORANDUM DECISION
Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Kelly and Judge Espinosa concurred.
ECKERSTROM, Judge:
¶1 Appellant Carol Snow appeals from the judgment entered against her in the forcible entry and detainer action brought by appellee F & C Holdings, LLC (F & C). We have jurisdiction to consider the appeal under article VI, § 9 of the Arizona Constitution, together with A.R.S. §§ 12-120.21(A)(1) and 12-2101(A)(1). For the following reasons, we affirm.
¶2 As F & C correctly points out, Snow has attempted to appeal from a default judgment. However, no appeal can be taken from a judgment of the superior court until the defaulting party has first moved to set it aside. Horne v. Superior Court, 89 Ariz. 289, 291, 361 P.2d 547, 548 (1961); accord Byrer v. A.B. Robbs Trust Co., 105 Ariz. 457, 458, 466 P.2d 751, 752 (1970); U.S. Fid. & Guar. Co. v. Heflin Steel Supply Co., 17 Ariz. App. 336, 337, 497 P.2d 843, 844 (1972). Snow did not move to set aside the default judgment pursuant to Rule 15, Ariz. R. P. Eviction Actions, and therefore cannot appeal it. Accordingly, the judgment of the trial court is affirmed. See Byrer, 105 Ariz. at 472, 466 P.2d at 752 (affirming trial court's judgment where defendant failed to move to set aside judgment prior to appeal).