Universal Credit Acceptance, Inc., Assignee of Instacredit Automart Missouri Cases

Universal Credit Acceptance, Inc. (Plaintiff) sought a deficiency judgment against Renwick Ware (Defendant) for breach of contract. After a default judgment was set aside, Defendant filed counterclaims, and Plaintiff filed a voluntary dismissal. A successor judge granted Plaintiff's motion to reconsider a prior order, finding Defendant's counterclaims untimely and invalid, and dismissing them. The appellate court reversed, holding that Defendant's counterclaims were timely filed and not dismissed by Plaintiff's voluntary dismissal, and remanded the case for further proceedings on the counterclaims.