Legal Opinion

Mathers v. Allstate Insurance Co.

Missouri Court of Appeals

Decided October 7, 2008No. WD 69164PublishedCited by 5 opinions

1Opinion of the Court

JOSEPH P. DANDURAND, Judge.

Patricia J. Mathers appeals the judgment of the Circuit Court of Clay County setting aside a default judgment entered against Alstate Insurance Co. In her sole point on appeal, Ms. Mathers contends that the trial court erred in setting aside the default judgment because Allstate failed to demonstrate the requisite extrinsic fraud and failed to show its absence of fault, neglect, and inattention to the case. The judgment is reversed, and the case is remanded to the trial court to reinstate the default judgment.

Facts

Patricia J. Mathers maintained a homeowner’s…

2Cases cited12 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Systematic Business Services, Inc. v. BrattenMissouri Court of Appeals · 2005
  3. Baxi v. United Technologies Automotive Corp.Missouri Court of Appeals · 2003
  4. Jones v. JonesMissouri Court of Appeals · 1953
  5. Klaus v. ShelbyMissouri Court of Appeals · 2001

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. First Bank of the Lake v. WhiteMissouri Court of Appeals · 2009
  2. Keithley v. SheltonMissouri Court of Appeals · 2013
  3. CHAD HOOD v. HALE FIREWORKS, LLC, Defendant-RespondentMissouri Court of Appeals · 2024
  4. ROBERT BINGHAM, Plaintiff-Respondent v. NATIONAL LIABILITY & FIRE INSURANCE COMPANYMissouri Court of Appeals · 2024
  5. Wright v. McLallenMissouri Court of Appeals · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API