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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
v.
AFFIRMED
COUNSEL
MEMORANDUM DECISION
Judge Maria Elena Cruz delivered the decision of the Court, in which
Presiding Judge Randall M. Howe and Judge Peter B. Swann joined.
C R U Z, Judge:
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MICHAEL T. v. DCS, J.E.
Decision of the Court
petition, and that hearings may go forward in his/her absence and may
result in an adjudication of dependency, permanent guardianship or
termination of parental rights based upon the record and evidence
presented . . . . (Emphasis added.)
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Decision of the Court
DISCUSSION
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Decision of the Court
15 In such instance, the trial court may set aside the entry of
default if there is good cause shown that: (1) mistake, inadvertence,
surprise, or excusable neglect exists; and (2) a meritorious defense to the
underlying claim exists. Id. at 16. Excusable neglect exists if the neglect
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MICHAEL T. v. DCS, J.E.
Decision of the Court
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MICHAEL T. v. DCS, J.E.
Decision of the Court
CONCLUSION