Legal Opinion

Montgomery v. Brown

Missouri Court of Appeals

Decided February 5, 2018No. SD 34986Published

1Opinion of the CourtMary W. Sheffield, P.J.

Steven M. Brown ("Husband") appeals the denial of his Rule 74.05(d) motion to set aside a default judgment.1 In his sole point on appeal, Husband claims the trial court abused its discretion by refusing to set aside a default judgment dissolving his marriage to Tami J. Montgomery ("Wife").2 Because Husband failed to prove good cause to set aside the judgment, we affirm.

*380Factual and Procedural Background

Wife, through counsel, filed a petition in March 2016 to dissolve her marriage to Husband. Husband, after one failed attempt, was served with a summons and copy of Wife's petition on June 15,…

2Cases cited9 opinions

  1. White v. Director of RevenueSupreme Court of Missouri · 2010
  2. Pearson v. KosterSupreme Court of Missouri · 2012
  3. Brungard v. RISKY'S INC.Supreme Court of Missouri · 2007
  4. Beckmann v. Miceli Homes, Inc.Missouri Court of Appeals · 2001
  5. In Re Marriage of CallahanSupreme Court of Missouri · 2009

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