Missouri Court of Appeals, Southern District / Jun 4, 2019
FIFTH THIRD BANK, Plaintiff-Appellant vs. TERRY R. BRADY, Defendant-Respondent
Fifth Third Bank appealed the trial court's denial of its Rule 74.06(b)(3) motion to set aside a judgment entered against it and in favor of Terry R. Brady. The underlying judgment was a default judgment entered as a sanction for the Bank's failure to comply with discovery orders. The appellate court affirmed the denial, holding that the Bank's motion was not made within a reasonable time, and the Bank failed to provide a factual or legal basis to demonstrate otherwise.