JEW v. HOME DEPOT USA INC.

No. ED 82567.

126 S.W.3d 394 (2004)

Eric JEW, Plaintiff/Respondent, v. HOME DEPOT USA, INC., Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

January 20, 2004.


Attorney(s) appearing for the Case

Dennis J. Flavin, Derald L. Gab, P.C., St. Louis, MO, for respondent.

Jeffery T. McPherson, Cynthia A. Sciuto, Armstrong Teasdale, St. Louis, MO, for appellant.


KATHIANNE KNAUP CRANE, Judge.

Defendant appeals from the trial court's denial of its Rule 74.05(d) motion to set aside a default judgment entered against it in the amount of $250,000 on a petition that requested damages in an amount "less than $75,000." We hold that the trial court did not abuse its discretion in denying the motion to set aside because defendant failed to support its claim of a meritorious defense; however, the trial court did not have jurisdiction...

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