Legal Opinion
Jew v. Home Depot USA, Inc.
Missouri Court of Appeals
Decided January 20, 2004No. ED 82567PublishedCited by 11 opinions
1Opinion of the Court
KATHIANNE KNAUP CRANE, Judge.
Defendant appeals from the trial court’s denial of its Rule 74.05(d) motion to set aside a default judgment entered against it in the amount of $250,000 on a petition that requested damages in an amount “less than $75,000.” We hold that the trial court did not abuse its discretion in denying the motion to set aside because defendant failed to support its claim of a meritorious defense; however, the trial court did not have jurisdiction to enter a judgment in excess of $74,999. We reduce the award of damages to $74,999, and affirm as so modified.
FACTUAL AND…
2Cases cited17 opinions
- Commercial Bank of St. Louis County v. JamesSupreme Court of Missouri · 1983
- Great Southern Savings & Loan Ass'n v. WilburnSupreme Court of Missouri · 1994
- Gorzel v. OrlamanderSupreme Court of Missouri · 1961
- Ward v. Cook United, Inc.Missouri Court of Appeals · 1975
- Hinton v. Proctor & Schwartz, Inc.Missouri Court of Appeals · 2003
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- SATURN OF TIFFANY SPRINGS v. McDARISMissouri Court of Appeals · 2011
- Agnello v. WalkerMissouri Court of Appeals · 2010
- McGee ex rel. McGee v. City of Pine LawnMissouri Court of Appeals · 2013
- Weidner v. AndersonMissouri Court of Appeals · 2005
- AMG Franchises, Inc. v. Crack Team USA, Inc.Missouri Court of Appeals · 2009
6 more not listed; retrieve them via the Exa API.