Clark v. Brown

WASSERSTROM, Senior Judge.

Defendant appeals from a purported order overruling his motion to set aside a default judgment. We hold that there is no appealable final order because the purported order in question is void, and we therefore dismiss the appeal.

Plaintiffs filed suit in the Circuit Court of Stone County, Missouri on various grounds, including that of malicious prosecution. When defendant failed to appear, plaintiffs dismissed all counts of their petition except those pertaining to malicious prosecution, and on August 17, 1988, Judge McPherson entered default judgment for plaintiffs…