Legal Opinion

Habitat for Humanity St. Louis v. Kirkwood

Missouri Court of Appeals

Decided December 14, 2004No. ED 83877PublishedCited by 1 opinion

1Opinion of the Court

OPINION

GLENN A. NORTON, Presiding Judge.

Junior Kirkwood and James DuBose appeal the default judgment entered against them on Habitat for Humanity’s petition for declaratory and injunctive relief. We dismiss the appeal.

The court entered an interlocutory order of default under Rule 74.05(b) after finding that Kirkwood and DuBose failed to file any responsive pleading or motion directed to Habitat’s petition. It concluded that, as a result, the defendants were in default and were not entitled to defend the allegations in Habitat’s petition; a jury trial on the merits was not necessary because…

2Cases cited2 opinions

  1. Barney v. SuggsSupreme Court of Missouri · 1985
  2. Vonsmith v. VonsmithSupreme Court of Missouri · 1984

3Cited by1 opinion

  1. State Ex Rel. Stude v. JacksonMissouri Court of Appeals · 2007

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