Tarnoff v. Jones

This is an appeal from the trial courts denial of appellant-defendants Rule 60(c), 16 A.R.S. motion to vacate a default judgment entered against appellant-defendant in the trial court. It was appellants contention in both the trial court and in this Court that the default judgment was void for the reason, among others, that the judgment differed in kind or exceeded in amount that prayed for in the complaints demand for judgment, and thus was in violation of Rule 54(d). However, in view of matters belatedly brought to our attention by appellant in his reply brief, we do not find it necessary to rule upon the contentions urged by appellant, since in our opinion this Court is without jurisdiction and must dismiss the appeal.