Missouri Court of Appeals, Eastern District / Aug 13, 2024
Vetter Construction Company, Plaintiff, vs. Innovated Construction, LLC, Respondent, vs. O.W. Partners, LLC, Appellant.
O.W. Partners, LLC appealed the trial court's order striking its pleadings and entering a default judgment in favor of Innovated Construction, LLC, as a sanction for discovery violations. O.W. Partners argued the sanction was excessive and that the trial court erred by not allowing a record at the show-cause hearing. The appellate court affirmed, holding that the trial court did not abuse its discretion in striking the pleadings due to O.W. Partners' pattern of deliberate disregard for discovery orders. The court declined to reach the merits of the second point, finding it was not preserved for appellate review.