Missouri Court of Appeals, Western District / Date unavailable
William Yeokum vs. The National Football Museum, INC.
William Yeokum appealed the circuit court's judgment granting the National Football Museum, Inc.'s (NFM) motion to vacate a default judgment. Yeokum argued the court erred by delaying discovery on NFM's good cause claim for failing to respond to the petition. The appellate court reversed and remanded, holding that a motion to set aside a default judgment under Rule 74.05(d) is an independent action, entitling the party resisting the motion to conduct discovery before the motion is decided.