Missouri Court of Appeals, Western District / Jun 29, 2021
Dean Machinery Company vs. Anthony Joseph Rigoli
Dean Machinery Company appealed the circuit court's denial of its motion to revive a 2005 judgment against Anthony Rigoli. The circuit court denied the motion, finding that Dean's five-year delay in submitting a proposed order constituted good cause for denial. The appellate court reversed and remanded, holding that delay in filing a proposed order is not one of the limited defenses available to a judgment debtor under Rule 74.09, and thus the circuit court erred in denying the timely-filed motion for revival.