Legal Opinion
CBD Enterprises, Inc. v. Braco Manufacturing, Inc.
Missouri Court of Appeals
Decided October 28, 2005No. 26843PublishedCited by 5 opinions
1Opinion of the Court
KENNETH W. SHRUM, Presiding Judge.
CBD Enterprises, Inc. (“Plaintiff’) obtained a default judgment against Braco Manufacturing, Inc. (“Defendant”) on a breach of contract claim. Defendant moved to set aside the judgment (per Rule 74.05(d)), alleging it had a meritorious defense to Plaintiffs claim and there was good cause to set aside the judgment. The motion was overruled and Defendant appeals, charging the trial court abused its discretion by not setting aside the judgment. This court agrees. We reverse and remand with directions.
On October 15, 2003, Plaintiff sued Defendant, claiming that…
2Cases cited13 opinions
- Great Southern Savings & Loan Ass'n v. WilburnSupreme Court of Missouri · 1994
- Gibson Ex Rel. Woodall v. ElleyMissouri Court of Appeals · 1989
- Farm Bureau Town & Country Insurance Co. v. TurnboMissouri Court of Appeals · 1987
- Reed v. Labor & Industrial Relations CommissionSupreme Court of Missouri · 1990
- Myers v. Pitney Bowes, Inc.Missouri Court of Appeals · 1996
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brungard v. RISKY'S INC.Supreme Court of Missouri · 2007
- SATURN OF TIFFANY SPRINGS v. McDARISMissouri Court of Appeals · 2011
- Wilderman v. DrawbondMissouri Court of Appeals · 2008
- Paskon v. WrightMissouri Court of Appeals · 2007
- Pierce v. ASSOCIATED TAX RELIEF, INC.Missouri Court of Appeals · 2009