Missouri Court of Appeals, Southern District / Date unavailable
CITY OF OSAGE BEACH, Appellant v. DUENKE REAL ESTATE HOLDINGS, LLC; TAN-TAR-A ESTATES, LLC, and TAN-TAR-A ESTATES COMMUNITY ASSOCIATION, INC., Respondents
The City of Osage Beach sought a declaration that a sewer services agreement with Duenke Real Estate Holdings, LLC and Tan-Tar-A Estates, LLC was terminated due to breach. After a default judgment was entered against the LLCs, the circuit court granted their motion to set aside the default judgment and allowed the Tan-Tar-A Estates Community Association, Inc. to intervene. The City appealed, challenging the circuit court's findings of a meritorious defense and good cause. The appellate court affirmed, concluding the circuit court did not abuse its discretion in setting aside the default judgment.