Hutchison v. Vandenburg

PAUL M. SPINDEN, Judge.

At issue in this appeal is whether a party can appeal by means of trial de novo the denial of a motion to set aside a default judgment by the small claims division of the circuit court. The issue arose after the small claims division entered a default judgment against Jack and Mary Vanden-burg. Over 100 days later, they asked the small claims division, in a motion filed under Rule 74.05(d), to set aside the default judgment, but the court denied their request.

The Vandenburgs then sought the circuit court’s de novo review by asking the circuit court to consider their…