Delores Henry v. Paul Piatchek, Darrell Williams, Sr.

Darrell Williams Sr. appeals from the circuit court's overruling of his Rule 74.06(b) motion to set aside the dismissal of a wrongful death suit filed by his deceased son's grandmother and the overruling of his motion to intervene in that suit. Because he failed to comply with Rule 52.12 governing intervention and his motion was never ruled on prior to the grandmother's voluntary dismissal of her suit, he never became a party to the grandmother's suit. Rule 74.06(b) does not authorize a non-party to file a motion to set aside the judgment. Moreover, there was no judgment to be set aside…