Lacking explanation for delay, default judgment can’t be set aside
The Southern District reinstates default judgment in a tax sale dispute, ruling the defendants failed to justify a 365-day filing delay.
Commentary: Recent pitfalls in default judgment litigation
Missouri courts clarify how default judgments may be set aside, holding Rule 74.05 or 74.06 applies and denials must be directly appealed timely.
Multimillion judgment reached in wrongful death suit
A Barton County judge entered a wrongful death judgment after a fatal motorcycle crash, awarding $6M in damages following the defendant’s failure to appear.
Judgment awarded to motorcyclist injured in crash with minivan
A 47-year-old Texas County motorcyclist injured in a 2021 collision with a minivan on U.S. Highway 63 South has been awarded a $2 million default judgment in his personal injury lawsuit against the other driver.
Missouri appeals court rules motion to set aside is independent action
The Eastern District ruled a motion to set aside default judgment is an independent action, affirming dismissal of a third-party custody petition.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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