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HERITAGE WARRANTY INS., RRG, INC. v. SWINEY

No. 28086.

244 S.W.3d 290 (2008)

HERITAGE WARRANTY INSURANCE, RRG, INC., Appellant, v. Lindel SWINEY, d/b/a American Pro-Tech Marine, Inc., Respondent, and William B. McMurray and Susan J. McMurray, Intervenors.

Missouri Court of Appeals, Southern District, Division One.

February 6, 2008.

Attorney(s) appearing for the Case

Greggory D. Groves, Lowther Johnson, Springfield, MO, for Appellant.

Andrew Bennett, Carnahan, Evans, Cantwell & Brown, P.C., Springfield, MO, for Respondent.

Deborah K. Dodge, Hall, Ansley, Rodgers & Sweeney, P.C., Springfield, MO, for Intervenor.

DANIEL E. SCOTT, Judge.

Appellant appeals the setting aside of a default judgment.

Standard of Review

A trial court has broad discretion to set aside a default judgment; we will interfere only if the court abuses that discretion. Brungard v. Risky's Inc, 240 S.W.3d 685, 686, 687 (Mo. banc Dec.18, 2007). We find abuse of discretion only if the record convincingly so demonstrates. Heintz Elec. Co...

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