G Cite
cited 2× by 2 distinct cases ·
…the motion must be verified or supported by affidavits or sworn testimony produced at the hearing on the motion.
at p. 13
⚠ not in text
Top citers, strongest first. 7 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Steve Brown Authorized Agent and Assignee of the Trustees of the Brown Family Trust v. Pro Basement, Inc.
(2×)
also: Cited "see"
Bryant v. Wahl, 502 S.W.3d 9, 13 (Mo. App. W.D. 2016).
discussed
Cited as authority (rule)
TERRY MCCROSKEY, TOM MCCROSKEY, BRENT MCCROSKEY, DWAYNE MCCROSKEY, CHERIE HOBSON, individually, and CHERIE HOBSON as Next Friend for L.H., a minor, and BETH MURPHY, as Next Friend for C.M., a minor, Plaintiffs-Respondents v. RAJINDER SINGH
“The motion must be verified or supported by affidavits or sworn testimony produced at the hearing on the motion.” Bryant v. Wahl, 502 S.W.3d 9, 13 (Mo. App. W.D. 2016) (quoting Snelling v. Reliance Auto, Inc., 144 S.W.3d 915, 918 (Mo. App. E.D. 2004)).
discussed
Cited as authority (rule)
David Steele v. Johnson Controls, Inc.
(2×)
“The motion must be verified or supported by affidavits or sworn testimony produced at the hearing on the motion.”7 Bryant v. Wahl, 502 S.W.3d 9, 13 (Mo. App. W.D. 2016).
discussed
Cited as authority (rule)
Independence School District No. 30 v. county of Jackson, Missouri
As noted above, although the “party in default has the burden of proving it had a meritorious defense,” Bryant v. Wahl, 502 S.W.3d 9, 16 (Mo. App. W.D. 2016), it “need not present a defense in detail”; it simply must “demonstrate at least an arguable theory that would defeat the plaintiff’s claim.” Id. at 14 (quoting Bredeman v. Eno, 863 S.W.2d 24, 26 (Mo. App. W.D. 1993)).
discussed
Cited as authority (rule)
Patricia Robertson v. Charles Rosner
Under Rule 74.05(d), a party may seek to set aside a default judgment by demonstrating “facts constituting a meritorious defense and for good cause shown.” Rule 74.05(d) requires that the motion be “made within a reasonable time not to exceed one year after entry of the default judgment.” Thus, “[i]n order to set aside a default judgment under Rule 74.05(d), the moving party must establish: (1) a meritorious defense to the suit; (2) good cause for failing to respond to the petition; and (3) that the motion was filed within a reasonable time not to exceed one year.” Irvin v. Palmer,…
discussed
Cited as authority (rule)
Laura Kelly-Patel v. Dave Wensel and Mike Wensel, and Bank of Old Monroe
In fact, “[e]ven if a motion contains sufficient allegations of fact to support setting aside a judgment, the motion cannot normally be granted unless it is verified, or supported by affidavits or sworn testimony ….” Bryant v. Wahl, 502 S.W.3d 9, 13 (Mo. App. W.D. 2016) (internal quotation omitted).
cited
Cited as authority (rule)
Betty Jane Irvin, Co-Trustee, and Sydney Meek, Co-Successor Trustee, Trustees of the Leonard E. Irvin Inter Vivios Trust dated July 19, 2004, as Amended and Restated and Betty Jane Irvin, Individually v. Jimele Palmer, and Joyce Palmer, Larry D. Webb
Bryant v. Wahl, 502 S.W.3d 9, 13 (Mo.App.W.D. 2016).
Retrieving the full opinion text from the archive…
Alan LEONARD
v.
Ed RICHARDSON
v.
Ed RICHARDSON
WD 78607.
Missouri Court of Appeals.
Jun 14, 2016.
Mark Abbott, Hallsville, MO, Counsel for Appellant., Todd Smith, Columbia, MO, Counsel for Respondent.
Howard, Mitchell, Newton.
Published
ORDER
Per Curiam:Mr. Alan Leonard appeals a judgment denying his request for a judicial declaration of partnership or, in the alternative, damages for unjust enrichment, and granting Mr. Ed Richardson’s claim for a declaration of abandoned property and ordering Mr. Leonard to pay half of his attorney fees.
For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b).