Missouri Court of Appeals, Southern District / Nov 18, 2019
MARCK INDUSTRIES, INC., and RL TRANSPORT, LLC, Respondents vs. CATHY LOWE and BILLY ROUSE, Appellants
Cathy Lowe and Billy Rouse appealed a trial court's judgment entered against them as a discovery sanction for failing to provide complete discovery responses. The appellate court affirmed the judgment, finding that the appellants' brief failed to comply with Rule 84.04 briefing requirements, specifically regarding their point relied on and argument section. The court also clarified that a judgment entered as a discovery sanction is a judgment on the merits, not a true default judgment, thus allowing direct appeal without a ruling on a Rule 74.05 motion.