{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"gregory-schoenberg","displayName":"Gregory Schoenberg","totalCases":1},"cases":[{"caseId":"moappwd:wd83861:2021-03-23","opinionId":"381c4f3c-feb9-524f-a1e5-7c641bedc53e","slug":"timothy-g-vogel-v-gregory-schoenberg-d83861","caseName":"Timothy G. Vogel\nvs. \nGregory Schoenberg","caseNumber":"WD83861","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2021-03-23","year":2021,"display_summary":"Gregory Schoenberg appealed the denial of his Rule 74.05(d) motion to set aside a default judgment, which had been entered against him for a violation of the Missouri Securities Act. He argued the trial court abused its discretion by finding he failed to show good cause for not responding to the petition and that the default judgment lacked sufficient evidence for liability. The appellate court affirmed the trial court's denial, concluding that Schoenberg's reliance on a third party was a reckless choice, not mere negligence, and that Rule 74.05(a) does not permit a challenge to liability in a default judgment. The court also denied Vogel's motion for attorney's fees on appeal.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","other"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=175556","detailUrl":"https://ott.law/missouri-courts/opinions/timothy-g-vogel-v-gregory-schoenberg-d83861","relatedPracticeAreas":[{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: civil-procedure","topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"respondent"}]}