Missouri Court of Appeals, Western District / Nov 12, 2019
New LLC vs. Mike Bauer
Mike Bauer appealed the denial of his Rule 74.06(b)(4) motion to set aside a default judgment entered in favor of New LLC, arguing the judgment was void for lack of personal and subject matter jurisdiction. The appellate court reversed the trial court's denial of Bauer's motion, holding that the default judgment was void because the summons used to attempt service had expired without a court-ordered extension, thus depriving the trial court of personal jurisdiction over Bauer. However, the court affirmed the trial court's finding that it possessed subject matter jurisdiction over New LLC's breach of contract and mechanic's lien claims.