Barney v. Suggs

The continued viability of Vonsmith:

The present disposition of this case necessarily reaffirms the principle that “a default judgment is not appealable in the absence of a motion to set aside or vacate.” Vonsmith v. Vonsmith, 666 S.W.2d 424 (Mo. banc 1984). See also Andrew County v. Owens, 46 Mo. 386, 388 (1870); Blackmore v. Blackmore, 639 S.W.2d 268, 269 (Mo.App.1982). While there is a lack of unanimity on the issue, this is the rule in numerous jurisdictions: “an appeal * * * will not lie in the first instance to reverse a judgment * * * entered against a party * * on his default, but the…