Civil Practice: Default Judgment-Personal Jurisdiction-Expired Summons

Staff Report//November 18, 2019//

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Where appellant challenged the denial of his motion to set aside a default judgment entered against him, the appellant met his burden to show that the summons relied on for service of process had expired and had not been extended, so the trial court lacked personal jurisdiction to enter a default judgment, and the judgment is reversed and remanded.

Judgment is reversed and remanded.

New LLC v. Bauer (MLW No. 74133/Case No. WD82325 – 16 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Del Muro, J. (Richard K. Davis, Kansas City, Missouri, for respondent) (Michelle N. Higinbotham, Lee’s Summit, for appellant).