Missouri Court of Appeals, Eastern District / Oct 1, 2019
Laura Kelly-Patel, Appellant, v. Dave Wensel and Mike Wensel, Defendants, and Bank of Old Monroe, Respondent.
Laura Kelly-Patel appealed the trial court's judgment setting aside a default judgment she obtained against Bank of Old Monroe in a garnishment proceeding. The trial court had vacated the default judgment for "good cause shown." The appellate court reversed, holding that the Bank failed to satisfy the requirements of Rule 74.05(d) because its motion to set aside the default judgment was unverified, unsupported by evidence, and contained only conclusory statements. The court also addressed and denied the Bank's motion to dismiss the appeal for lack of a final, appealable judgment.