Missouri Court of Appeals, Eastern District Digest: Feb. 16, 2023

Real Estate

Violation of HOA Covenants

Timeliness of Motion to Set Aside Judgment

Plaintiffs appealed the trial court’s order granting defendant’s motion to set aside the default judgment. Plaintiffs sued defendant seeking damages for defendant’s violation of HOA covenants and use restrictions. When defendant failed to appear in the action, plaintiffs successfully moved for default judgment. However, the trial court granted defendant’s motion to set aside. On appeal, plaintiffs argued that defendant failed to show that her motion was filed within a reasonable time and failed to demonstrate good cause.

Where the evidence presented by defendant demonstrated carelessness and willful ignoring of the proceedings, the trial court abused its discretion in finding that defendant had established good cause to set aside the default judgment.

Judgment is reversed.

Dash v. Mitchell (MLW No. 79447/Case No. ED110693 – 14 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, St. Louis County, Albus, J. (Timothy J. Phillips, for appellant) (Anna C. Moench and Jay L. Kanzler, Jr., for respondent)

https://www.courts.mo.gov/file.jsp?id=192419

Unemployment Compensation

Disqualification from Benefits

Voluntary Departure from Employment

Plaintiff appealed the decision of the Labor and Industrial Relations Commission that affirmed plaintiff’s disqualification from unemployment benefits. A deputy had disqualified plaintiff after concluding she had left her job “voluntarily without good cause attributable to the work or employer.”

Plaintiff’s failure to substantially comply with the requirements of Rule 84.04 in her appellate brief required dismissal of the appeal because the court could not decipher the issues plaintiff was raising.

Appeal is dismissed.

Mecey v. Harps Food Stores, Inc. (MLW No. 79446/Case No. ED110701 – 5 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appealed from Labor and Industrial Relations Commission. (Robin L. Mecey, appellant pro se) (Harps Food Stores, Inc., respondent pro se; Marie Claire Dwyper, for respondent)

https://www.courts.mo.gov/file.jsp?id=192420

Workers’ Compensation

Second Injury Fund Claim

Failure to Comply with Appellate Rule

Claimant appealed the dismissal of his application for review of an ALJ’s dismissal of his Second Injury Fund Claim.

Because each of claimant’s briefed issues failed to substantially comply with the requirements of Rule 84.04, the court dismissed the appeal.

Appeal is dismissed.

Lewis v. Second Injury Fund (MLW No. 79445/Case No. ED110715 – 8 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from Labor and Industrial Relations Commission (Aaron D. Lefton, for appellant) (Madalyn J. Campbell, for respondent)

https://www.courts.mo.gov/file.jsp?id=192421