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Civil Practice: Consent Judgment – Sanctions – Authority
Stephanie Maniscalco//November 3, 2011
Where a trial court in a rent-and-possession case denied the defendants’ motion to set aside a consent judgment and the court also imposed sanctions based on a finding that the defendants’ filings were frivolous, the court properly denied the pro se motion to set aside the consent judgment, but the plaintiff’s request for sanctions was premature, and violation of the specific procedural requirements of Rule 55.03 deprived the court of authority to impose sanctions.
Judgment is affirmed in part; reversed in part.
Fuller v. Moore (MLW No. 62917/Case No. ED96398 – 8 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Appealed from circuit court, St. Louis County, Hood, J. (Frederick M. Hawk for respondent) (Michael Moore, pro se, and Nadine Reese, pro se).
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