SJB Restaurant Grp., LLC, and Cortez Burnett Missouri Cases

Westfall Plaza WCR MO, LLC, appealed the circuit court's judgment setting aside a default judgment entered in its favor against SJB Restaurant Group, LLC, and its guarantor, Cortez Burnett. Westfall argued that the circuit court erred because Respondents failed to establish good cause or a meritorious defense under Rule 74.05(d). The appellate court reversed and remanded, holding that Burnett's mere testimonial denial of service was insufficient to meet the clear and convincing evidence standard required to impeach a presumptively valid sheriff's return, thus failing to establish good cause.