Ethel Barry Masters Missouri Cases

Ethel Barry Masters filed a replevin claim against Jacob Dawson to recover vehicles he possessed after his father's death. The circuit court granted partial summary judgment to Masters on possession and later entered a default judgment for damages, cancelling Dawson's jury trial due to his failure to appear at a pretrial conference and a pattern of obstructive behavior. On appeal, the Supreme Court affirmed the circuit court's judgment, holding that Dawson's constitutional claims regarding the right to a jury trial were unpreserved and that the circuit court did not abuse its discretion in sanctioning him.

Ethel Barry Masters brought a replevin action against Jacob Dawson for five vehicles acquired during her relationship with Dawson's deceased father. The trial court granted partial summary judgment to Masters on possession of the vehicles and later entered a final judgment awarding damages after canceling Dawson's jury trial for nonappearance at a pretrial conference. The appellate court affirmed the partial summary judgment, finding the vehicles passed to Masters outside of probate, but reversed the final judgment as to damages, holding that canceling a jury trial as a sanction for nonappearance at a pretrial conference violated Dawson's constitutional right to a jury trial. The case was remanded for a jury trial on damages.