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Real Property : Unlawful Detainer – Default Judgment – Meritorious Defense
Stephanie Maniscalco//April 30, 2015
Real Property : Unlawful Detainer – Default Judgment – Meritorious Defense
Stephanie Maniscalco//April 30, 2015
Where appellant challenged a default judgment entered against him in an unlawful detainer action, the record showed that the appellant’s failure to file his answer in time or to appear for a hearing resulted from a good faith mistake or simple negligence, and the appellant asserted a meritorious defense when he challenged the length of the unlawful possession, so the default judgment is set aside for further proceedings.
Judgment is reversed and remanded.
The Wanda Myers Living Trust v. Lg Le (MLW No. 67717 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from circuit court, Jackson County, Trout, J. (Benny J. Harding for respondent) (Stephanie G. Hazelton for appellant).
Read the full text of this opinion. (PDF)
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