Civil Practice : Default Judgment – Motion To Set Aside – Good Cause

Where a summons and petition became commingled with other papers on the desk of the defendant’s general manager while he was out of town and the president and general manager acted promptly to retain counsel once the documents were located, the conduct involved was negligent rather than intentionally or recklessly designed to impede the judicial process, so the defendant established good cause, and the trial court erred in denying the defendant’s motion to set aside a default judgment against it.
Judgment is reversed and remanded.

Turner v. Gateway Bobcat of Missouri Inc. (MLW No. 66982/Case No. WD76745 – 9 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Boone County, Bryson, J. (Kevin Dudley Case and Patric Shane Linden, Kansas City, Missouri, for appellant) (Danieal Howard Miller, Columbia, for respondent).

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