Missouri Court of Appeals, Eastern District / Jan 28, 2025
Cecil J. McFall, Appellant, vs. David E. Hogan, Respondent.
Cecil J. McFall (Plaintiff) obtained a default judgment against David E. Hogan (Defendant) in a negligence action. The trial court granted Defendant's motion to set aside the default judgment, believing the service date on the return was 2023, making the default judgment premature. The appellate court reversed, finding that the return of service, when read in conjunction with the notary public's date, clearly indicated service occurred in 2022, meaning the default judgment was not premature. The case was remanded for reentry of the default judgment.