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HENRY v. TRI-SERVICES, INC.

No. 93-2907.

33 F.3d 931 (1994)

J.C. HENRY; June Henry, Appellees, v. TRI-SERVICES, INC., a Taiwan Corporation, Appellant, Dynamic Classics, Ltd.; Wal-Mart Stores, Inc., Defendants. WAL-MART STORES, INC., a Delaware Corporation, Cross Claimant, v. TRI-SERVICES, INC., a Taiwan Corporation, Dynamic Classics, Ltd., a Delaware Corporation, Cross Defendants.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1994.

Attorney(s) appearing for the Case

Paul Hasty, Jr., Kansas City, MO, argued (Tina A. Smith, on the brief), for appellant.

Stephen R. Soutee, Marionville, MO, argued, for appellees.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

BEAM, Circuit Judge.

Tri-Services, Inc. (Tri-Services) appeals a magistrate judge's order denying its motion to set aside default judgment. We hold that the magistrate judge lacked authority to enter final judgment because Tri-Services did not consent to have the matter tried to the magistrate judge. We dismiss this appeal for lack of jurisdiction and remand for further proceedings in the district court.

I. BACKGROUND

J.C. and June Henry filed a...

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