CBD ENTERPRISES, INC. v. BRACO MANUFACTURING, INC.

No. 26843.

181 S.W.3d 129 (2005)

CBD ENTERPRISES, INC., Plaintiff-Respondent, v. BRACO MANUFACTURING, INC., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Application for Transfer Denied November 21, 2005.

Application for Transfer Denied January 31, 2006.


Attorney(s) appearing for the Case

John W. Rourke, Charles R. Vantine, St. Louis, for appellant.

John W. Grimm, Limbaugh, Russell, Payne & Howard, Cape Girardeau, for respondent.


KENNETH W. SHRUM, Presiding Judge.

CBD Enterprises, Inc. ("Plaintiff") obtained a default judgment against Braco Manufacturing, Inc. ("Defendant") on a breach of contract claim. Defendant moved to set aside the judgment (per Rule 74.05(d)), alleging it had a meritorious defense to Plaintiff's claim and there was good cause to set aside the judgment. The motion was overruled and Defendant appeals, charging the trial court abused its discretion by not setting aside...

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