Larry Kinman, et al. Missouri Cases

Larry and Stacie Kinman (Grandparents) appealed the circuit court's judgment that set aside a default judgment against Christopher Donahoo (Father), sustained Father's motion for a change of judge, and dismissed the underlying petition for child custody. Grandparents argued that Father's motion for a change of judge was untimely because a motion to set aside a default judgment is not an independent action. The appellate court affirmed the circuit court's judgment, holding that a motion to set aside a default judgment is indeed an independent action, making the motion for a change of judge timely. The court also found Grandparents abandoned their second point on appeal by failing to cite supporting authority.