Missouri Court of Appeals, Eastern District / Feb 7, 2023
Xtra Lease, LLC, Respondent, v. Pigeon Freight Services, Inc., Appellant.
Pigeon Freight Services, Inc. appealed the denial of its motion to set aside a default judgment entered in favor of Xtra Lease LLC for breach of contract and action on account. Pigeon Freight argued the default judgment was void due to improper service and that there was good cause to set it aside. The appellate court affirmed the circuit court's judgment, finding that Pigeon Freight failed to preserve its good cause argument, the return of service was not facially deficient, and service was valid because the person in charge of the office, even an independent contractor, could properly accept service.