Supreme Court of Missouri / Aug 13, 2019
Delores Henry, Plaintiff, vs. Paul Piatchek, et al., Respondents, Darrell Williams, Sr., Appellant.
Darrell Williams Sr. appealed the circuit court's denial of his Rule 74.06(b) motion to set aside the voluntary dismissal of a wrongful death suit filed by his deceased son's grandmother, and the denial of his motion to intervene. The Supreme Court of Missouri affirmed, holding that Williams Sr. was never a party to the grandmother's suit due to non-compliance with Rule 52.12(c) for intervention. Furthermore, the court held that a voluntary dismissal under Rule 67.02(a) is not a "final judgment or order" that can be set aside under Rule 74.06(b).