November 27, 2021

Volume XI, Number 331

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Dummett v. Koster - Instructive Mo. App. E.D. case re (1) revival of judgment under Rule 74.09 and (2) setting aside a judgment under Rule 74.06

Provides a breakdown of Rule 74.09 with respect to the revival of a judgment, noting that a motion by a judgment creditor to revive a judgment must be granted if the debtor fails to show cause why the judgment should not be revived.  Also considers Rule 74.06(b)'s allowance of relief from judgments for all parties on the basis of mistake, inadvertence, surprise, or excusable neglect.  Relative sophistication of the parties not found to create an exception to Rule 74.06(b). 

Court Summary:

Chris Koster ("the Attorney General") appeals from the trial court’s denial of his motion to set aside the dismissal of his action to revive a judgment. The Attorney Generally argues the trial court: (1) erred in denying the Attorney General’s motion to revive the judgment and in dismissing the action; and (2) abused its discretion in denying the Attorney General’s motion to set aside the dismissal.

REVERSED.

Division Three holds:

The trial court erred in denying the Attorney General’s motion to revive the judgment, and the trial court abused its discretion in denying the Attorney General’s motion to set aside the dismissal of the Attorney General’s action to revive the judgment.

10/21/2014

Download Dummett v. Koster

© Copyright 2021 Armstrong Teasdale LLP. All rights reserved National Law Review, Volume IV, Number 295
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About this Author

Laura A. Bentele, Litigation Attorney, Armstrong Teasdale, Law firm
Associate

Laura Bentele is an associate attorney in the Litigation group practicing in the areas of complex commercial litigation and white collar criminal defense. To achieve optimal outcomes, Laura anticipates clients’ strategic and practical business considerations. Committed to effective case management, she is versed in all phases of discovery, trial preparation and negotiation of settlements with opposing counsel. Laura strives to maintain open avenues of communication to ensure that clients receive representation that meets their business needs.

314-342-4133
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