Electrical Workers v. Ibewneca Holiday - Supreme Court of Missouri En Banc

Electrical Workers v. Ibewneca Holiday

By Supreme Court of Missouri En Banc

  • Release Date - Published: 1979-06-27
  • Book Genre: Law
  • Author: Supreme Court of Missouri En Banc
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Electrical Workers v. Ibewneca Holiday Supreme Court of Missouri En Banc read online review & book description:

Continental Basketball Association (CBA) appeals an order of the trial court setting aside default judgments against individual defendants, Mr. Van Farber (Farber) and Mr. Andrew Dauro (Dauro). CBA filed a petition against Harrisburg Professional Sports, Inc. (HPSI), Farber, and Dauro in February 1995. The defendants never answered the petition and, thus, stood in default. The lawsuit against the corporate defendant was stayed after it filed a notice of bankruptcy. 11 U.S.C. § 362. In 1996, the court granted a default judgment against Farber and Dauro on Counts II and III of a three-count petition. Subsequently, the individual defendants filed motions to set aside the default judgments. The trial court set aside the default judgments and CBA has appealed that decision. We find there are available facts to support a finding defendants conduct in not filing an answer was an inadvertent mistake which was not intentionally or recklessly designed to impede the judicial process. Accordingly, we affirm. Rule 74.05(d).

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