James Declue, Defendant, and Lexington National Insurance Corporation, Surety- Missouri Cases

Lexington National Insurance Corporation, a surety, appealed the trial court's denial of its Motion to Set Aside Bond Forfeiture for James Declue, arguing the underlying bond forfeiture judgment was void or irregular. Lexington also filed a Rule 74.06(b) Motion to Vacate Judgment. The Eastern District of the Missouri Court of Appeals dismissed the appeal for lack of jurisdiction. The court held that because the trial court had not issued a judgment denying Lexington's Rule 74.06(b) Motion to Vacate Judgment, which was an independent action filed after the underlying judgment became final, there was no final judgment for the appellate court to review.