Professional Funding Company Missouri Cases

Joseph F. Bufogle, Sr. and Bufogle & Associates, P.C. (Bufogle) appealed the circuit court's grant of summary judgment to Professional Funding Company (PFC) on its breach of contract claim. Bufogle argued that PFC anticipatorily breached a settlement agreement by filing suit before Bufogle's first payment was due, thereby excusing Bufogle's performance. The appellate court affirmed the summary judgment, holding that PFC did not anticipatorily breach the contract because Bufogle was unaware of the lawsuit until after his payment was due, and he did not accept any alleged repudiation.

Professional Funding Company (PFC) sued Joseph F. Bufogle, Sr., and Bufogle & Associates, P.C., for breach of a settlement agreement. The trial court sua sponte entered judgment for PFC by adopting an exhibit from a prior settled case as a consent judgment, before Bufogle had filed an answer. Bufogle appealed the denial of his motion to set aside the judgment. The appellate court reversed and remanded, holding that the exhibit was not a valid consent judgment and the sua sponte entry of judgment violated Bufogle's due process rights and civil procedure rules.