Missouri Court of Appeals, Eastern District / Jun 28, 2019
Kimberly Lynn Roberts, Petitioner/Appellant, v. James Christopher Roberts, Respondent/Respondent.
Kimberly Lynn Roberts (Mother) appealed two trial court orders: one setting aside a default judgment against James Christopher Roberts (Father), and another granting Father's motion for unjust enrichment for overpaid child support. The appellate court dismissed Mother's appeal of the order setting aside the default judgment for lack of jurisdiction due to untimely filing. However, the court reversed the judgment for unjust enrichment, finding Father failed to prove Mother was unjustly enriched by child support payments used for the children's support. The case was remanded for further proceedings consistent with the opinion.