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Steward v. ABU BONDING INC.

Citations: 240 S.W.3d 175; 2007 Mo. App. LEXIS 1482; 2007 WL 3144893Docket: WD 67540

Court: Missouri Court of Appeals; October 30, 2007; Missouri; State Appellate Court

Narrative Opinion Summary

Abu-2, Inc., a Missouri corporation, appeals the denial of its motion to set aside a default judgment in a case brought by Jerial Steward. The Missouri Court of Appeals, Western District, affirmed the lower court's decision, citing reasons elaborated in a memorandum provided to the parties. The court also denied a motion for rehearing and/or transfer to the Supreme Court. The ruling was made by Judges Thomas H. Newton, Paul M. Spinden, and Lisa White Hardwick on October 30, 2007, with the final denial of the rehearing motion on December 18, 2007. Legal representation included Carl W. Bussey for the appellant and John E. Turner for the respondent.

Legal Issues Addressed

Appeals Process and Denial of Rehearing

Application: The appellate court's decision included a denial of both the motion for rehearing and the request for transfer to the Supreme Court, demonstrating the court's finality in its ruling.

Reasoning: The court also denied a motion for rehearing and/or transfer to the Supreme Court.

Default Judgment and Motion to Set Aside

Application: The Missouri Court of Appeals affirmed the lower court's denial of Abu-2, Inc.'s motion to set aside a default judgment, indicating that the appellant did not meet the necessary criteria to overturn the judgment.

Reasoning: Abu-2, Inc., a Missouri corporation, appeals the denial of its motion to set aside a default judgment in a case brought by Jerial Steward.