Missouri Court of Appeals, Western District / Date unavailable
Tabitha Holt vs. ZX International, INC.
ZX International, Inc. appealed the trial court's denial of its Rule 74.06(b) motion for relief from a default judgment in a wrongful death lawsuit. The default judgment had awarded damages to both the Mother and Father of the deceased, despite Father not being expressly named as a party in the initial filing. The appellate court dismissed the appeal, finding it moot as to Mother due to a settlement, and dismissing it as to Father because ZX International failed to provide him or his successors in interest with notice of the motion or the appeal, thereby violating his due process rights.