Cotleur v. Danziger

Prior to 1988, Rule 74.05 provided:

If a defendant shall fail to file his answer or other pleading within the time prescribed by law or the rules of practice of the court, and serve a copy thereof upon the adverse party, or his attorney, when the same is required, an interlocutory judgment shall be given against him in default.

Judicial application of the prior rule uniformly held that where a defendant filed an answer, a trial court’s judgment rested on the merits and was hot a default judgment even where the defendant failed to appear for trial. See Ward v. Davis, 701 S.W.2d 192 (Mo.App.1985)…