Legal Opinion

Krueger v. Perez

Missouri Court of Appeals

Decided January 31, 1989No. 54795PublishedCited by 7 opinions

1Opinion of the Court

GRIMM, Judge.

Plaintiff appeals from an order denying her motion to set aside a judgment dismissing her first amended petition with prejudice. We reverse.

On appeal, plaintiff has addressed the numerous grounds raised in her motion for setting aside the judgment. One ground, however, is dispositive: the trial court abused its discretion in denying the motion to set aside, because’the circuit clerk did not send plaintiff notice of the judgment, as required by Rule 74.03, and plaintiff had a legitimate excuse for allowing the default judgment to be entered against her. We agree.

We recite only…

2Cases cited4 opinions

  1. First Missouri Bank of St. Francois County v. PattersonMissouri Court of Appeals · 1985
  2. Vetter & Associates, Inc. v. Dimarco Corp.Missouri Court of Appeals · 1987
  3. Friedman v. Caring Group, Inc.Missouri Court of Appeals · 1988
  4. Hammons v. HammonsMissouri Court of Appeals · 1984

3Cited by7 opinions

  1. Gibson Ex Rel. Woodall v. ElleyMissouri Court of Appeals · 1989
  2. Clark v. BrownMissouri Court of Appeals · 1991
  3. Herrin v. StrausMissouri Court of Appeals · 1991
  4. Tinsley v. GosnellMissouri Court of Appeals · 1994
  5. Nandan v. DrummondMissouri Court of Appeals · 1999

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