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Arbitration: Award-Default Judgment-Appointment of Receiver
Defendant appealed from the district court’s appointment of a receiver after the district court entered default judgment on an arbitration award entered in favor of plaintiff. Defendant further argued that the district court granted the receiver powers beyond those authorized by state law. Where defendant had frustrated plaintiff’s attempts to execute on the arbitration award […]
Civil Practice: Ejectment Action-Failure to Appear-Default Judgment
Where appellant did not timely appear in an ejectment action and the district court entered a default judgment based on a finding that he willfully refused to appear, the court did not abuse its discretion, and the default judgment was appropriate. Judgment is affirmed. U.S. v. Hubbard (MLW No. 74577/Case No. 19-1924 – 2 pages) […]
Civil Practice: Failure to State Claim-Default Judgment-Products Liability
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 claim, the allegations in the amended complaint were mostly mere legal conclusions and recitations of […]
Civil Practice: Default Judgment-Personal Jurisdiction-Expired Summons
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 […]
Civil Practice: Default Judgment-Garnishment Proceeding-Lack of Verification
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 respondent’s motion to set aside included only vague assertions and conclusory statements that were insufficient […]
Bankruptcy: Dischargeability Of Claims-Default Judgment-Preclusive Effect
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 for partial summary judgment and submitting the matter to the bankruptcy court on an agreed […]
Civil Practice: Default Judgment-Notice-Quitclaim Deed
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 notice as they were in default, and counsel did not have a duty to notify […]
Civil Practice: Default Judgment-Good Cause
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 to timely respond to the plaintiff’s petition was the result of a mistake or conduct […]
Civil Practice: Default Judgment-Garnishment-Revival of Judgment
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 was a payment that effectively revived judgment, plaintiff’s motion to revive judgment was timely where [&hellip[...]
Civil Practice: Default Judgment-Motion to Set Aside-Testimonial Evidence
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 be supported by an affidavit or sworn testimonial evidence. Judgment is reversed and remanded. Plasmeier […]
Torts: Products Liability- Default Judgment- Service of Process on Defunct Company
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 of process. Plaintiff ultimately obtained default judgment. Where service was merely delivered to the doorman [&hell[...]
Torts: Products Liability -Default Judgment -Service of Process on Defunct Company
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 Safety Equip. Corp. (MLW No. 72176/Case No 17-1051 – 9 pages) (U.S. Court of Appeals, […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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- Russell reflects on change as women take charge of Missouri’s legal system
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