(Download) "American Family Mutual Insurance Company v. Bramlett" by The Court of Appeals of the State of Missouri Western District ~ eBook PDF Kindle ePub Free
eBook details
- Title: American Family Mutual Insurance Company v. Bramlett
- Author : The Court of Appeals of the State of Missouri Western District
- Release Date : January 06, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
A trial court has broad discretion to set aside a default judgment; we will interfere only if the court abuses that discretion. Brungard v. Riskys Inc., No. SC88654, 2007 WL 4394727, at 2*, *3 (Mo. banc Dec. 18, 2007). We find abuse of discretion only if the record convincingly so demonstrates. Heintz Elec. Co. v. Tri Lakes Interiors, Inc., 185 S.W.3d 787, 791 (Mo.App. 2006); Hopkins v. Mills-Kluttz,77 S.W.3d 624, 626 (Mo.App. 2002). It is no abuse of discretion to set aside a default judgment unless such is clearly against the logic of the circumstances and so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration. State ex rel. Dept. of Social Services v. Stone, 71 S.W.3d 643, 646 (Mo.App. 2002).There is no abuse of discretion if reasonable minds could differ on the propriety of the result. Shirrell v. Missouri Edison Co.,535 S.W.2d 446, 449 (Mo. 1976).