|
Facts must be shown In motion to set aside
|
A mere statement that facts are available to contest a case is not
sufficient to have a default judgment set aside. According to Court
Rule 74.05(d), a party must include facts that will be presented.
In a recent case before the Missouri Court of Appeals for the
Western District, the court found the circuit court had improperly
granted the defense's motion to set aside default judgment, because
the motion to set aside was not sufficient for such consideration.
Millstone Marina Service filed its motion to set aside following
an award to Eric and Joseph Krugh for over $583,000. The Krughs had ...