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FORSYTH FINANCIAL GROUP, LLC v. HAYES

No. WD 72785.

351 S.W.3d 738 (2011)

FORSYTH FINANCIAL GROUP, LLC, Assignee of First National Bank of Omaha (Visa/Mastercard), Respondent, v. Nick HAYES, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 4, 2011.

Application for Transfer Denied December 6, 2011.

Attorney(s) appearing for the Case

Brue B. Brown , Kearney, MO, for appellant.

William F. Whealen, Jr. , St. Louis, MO, for respondent.

Before Division Four: LISA WHITE HARDWICK, Chief Judge, JAMES M. SMART, Judge, and GREGORY GILLIS, Special Judge.

LISA WHITE HARDWICK, Chief Judge.

Nick Hayes appeals the denial of his motion to set aside a default judgment pursuant to Rule 74.06(b). Hayes contends the default judgment was void and, therefore, the motion court erred in failing to grant relief. For reasons explained herein, we find no error and affirm the denial of the motion to set aside the judgment.

FACTUAL AND PROCEDURAL HISTORY

On November 28, 2005, Forsyth Financial Group, LLC ("FFG") filed...

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