Where a plaintiff, who brought claims against the maker and seller of a neck brace alleging it caused or failed to protect him from serious injury, challenged the grant of the defendant’s motion to dismiss for failure to state a ...

Tagged with: Default Judgment Failure To State Claim products liability

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, ...

Tagged with: Default Judgment Expired Summons Personal Jurisdiction

Where appellant challenged a judgment setting aside a default judgment in her favor and arising from a garnishment proceeding, the trial court erred in setting aside the default judgment in the absence of verification, affidavits or sworn testimony where the ...

Tagged with: Default Judgment Garnishment Proceeding Lack of Verification

Where creditors challenged an order directing the entry of summary judgment in favor of the debtors on a motion to determine the dischargeability of their claims, the judgment is affirmed because the creditors abandoned the claim by withdrawing their motion ...

Tagged with: Default Judgment Dischargeability Of Claims Preclusive Effect

Where appellants in a dispute arising from the ownership of real property challenged a default judgment entered against them, arguing that they were entitled to notice of the respondents’ motion for default judgment, the appellants were not entitled to such ...

Tagged with: civil practice Default Judgment Notice Quitclaim Deed

Where the plaintiff in a wrongful-termination case challenged the setting aside of a default judgment entered against his former employer, the judgment is affirmed because the trial court did not abuse its discretion when it found that the defendant’s failure ...

Tagged with: civil practice Default Judgment Good Cause

Plaintiff obtained a default judgment against defendant and served defendant’s employment to garnish defendant’s wages. Shortly before 10 years had passed after the last payment, plaintiff moved to revive judgment. The circuit court denied the motion as untimely. Where garnishment ...

Tagged with: civil practice Default Judgment garnishment Revival Of Judgment

Where a plaintiff in a personal-injury action challenged a trial-court judgment setting aside a default judgment entered in his favor, the judgment is reversed and remanded because the motion to set aside failed to satisfy a requirement that the motion ...

Tagged with: civil practice Default Judgment Motion To Set Aside Testimonial Evidence

Defendant was a defunct corporation sued by plaintiff for alleged defects in safety equipment manufactured by defendant. Defendant’s former president continued to accept service of process at his residence, but after his death defendant made no arrangements for alternative service ...

Tagged with: Default Judgment products liability Service of Process on Defunct Company Torts

Where service was merely delivered to the doorman of the residence of a defunct corporate defendant’s de facto agent for service of process, district court erred in granting default judgment because service was insufficient. Judgment is reversed. Bell v. Pulmosan ...

Tagged with: Default Judgment products liability Service of Process on Defunct Company Torts

Jones v. Riley (MLW No. 71655/Case No. ED105316 – 8 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.)

Tagged with: civil practice Default Judgment Good Cause Motion To Set Aside