context: To support his argument, plaintiff relies upon Arizona authority that seems to lend direct support to his position. Significantly, however, the decisions upon which plaintiff relies all were issued prior to Jepson, and none address any of the factors the Jepson court found central to review of decisions granting or denying Rule 60(c) relief.
citation_a.signal: but see
citation_a.parenthetical: affirming trial court's refusal to set aside dismissal of case despite failure of plaintiff to receive Rule V(e
citation_a.sentence: But see Ursel v. Pizzo, 126 Ariz. 316, 614 P.2d 858 (App.1980) (affirming trial court’s refusal to set aside dismissal of case despite failure of plaintiff to receive Rule V(e) notice).
citation_b.signal: see
citation_b.parenthetical: trial court's Rule 60(c) order setting aside a Rule V(d
citation_b.sentence: See McKinley v. Town of Fredonia, 140 Ariz. 189, 680 P.2d 1250 (App.1984) (trial court abused its discretion in denying plaintiffs motion to reinstate a case dismissed for lack of prosecution without evidence that the plaintiff received notice of pending dismissal; decision focuses on whether mailing presumes receipt without considering evidence of diligence); Black v. Greer, 17 Ariz.App. 383, 498 P.2d 225 (1972) (trial court’s Rule 60(c) order setting aside a Rule V(d) dismissal for lack of prosecution due to lack of notice not an abuse of discretion; no discussion of Jepson factors); Thunderbird Farms v. Hernandez, 11 Ariz.App. 383, 464 P.2d 829 (1970) (trial court’s Rule 60(c) order setting aside a dismissal and reinstating the cause on the inactive calendar not an abuse of discretion due to lack of notice of impending dismissal or a secretarial mistake; no discussion of Jepson factors).