SMITH v. SQUARE ONE REALTY CO.

No. ED 80872.

92 S.W.3d 315 (2002)

Marion SMITH, Plaintiff/Respondent, v. SQUARE ONE REALTY COMPANY, Defendant, and Hewlitt Sherrard, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

December 17, 2002.


Attorney(s) appearing for the Case

Gerald L. Warren, Anderson & Preuss, St. Louis, MO, for respondent.

Aaron I. Mandel, Brinker & Doyen, L.L.P., St. Louis, MO, for appellant.


KATHIANNE KNAUP CRANE, Judge.

Plaintiff obtained a default judgment against defendants, the owner and the manager of an apartment building, for damages sustained as a result of injuries suffered in a November, 1994 slip and fall. Owner appeals. He contends that the trial court erred in denying his motion to set aside the default judgment because he was not properly served. He argues that the trial court misapplied the law in holding that a sheriff's return of service...

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