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5 GARDENS CONDOMINIUM v. 10330 OLD OLIVE

No. ED 94576.

326 S.W.3d 834 (2010)

COURT OF 5 GARDENS CONDOMINIUM ASSOCIATION, Plaintiff/Respondent, v. 10330 OLD OLIVE, LLC, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

December 14, 2010.

Attorney(s) appearing for the Case

Patricia Ann Wilcox , Weiss & Associates, P.C., St. Louis, MO, for appellant.

Randall E. Gusdorf , Michael A. Kasperek , Gusdorf Law Firm, LLC, St. Louis, MO, for respondent.

GARY M. GAERTNER, JR., Judge.

Introduction

Defendant, 10330 Old Olive, LLC, appeals from the judgment denying its motion to set aside a default judgment. We affirm in part, reverse in part and remand.

Background

On December 30, 2008, plaintiff, Court of 5 Gardens Condominium Association, filed a two-count petition for breach of contract and suit on account. Plaintiff alleged that...

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