Section 2.17 Default Judgments

• Library: App Ct Prac 2015 Supp

C. (§2.17) Default Judgments

Rule: When a party fails to file responsive pleadings, a default judgment is not appealable, unless:

the party has filed a timely motion to set aside or vacate; or the appeal challenges the jurisdiction of the trial court.

Although § 512.020, RSMo 2000, permits an appeal from “any final judgment,” the Supreme Court of Missouri has held that “any final judgment” does not include a default judgment. Vonsmith v. Vonsmith, 666 S.W.2d 424 (Mo. banc 1984); Barney v. Suggs, 688 S.W.2d 356 (Mo. banc 1985). The rationale is that § 512.160, RSMo 2000, deprives the appellate courts of jurisdiction to review errors not initially presented to the trial court. By definition, when a party defaults, it does not present its arguments to the trial court. Thus, appellate courts have no jurisdiction to review the judgment. Vonsmith,666 S.W.2d at 424–25.

The rule applies only to a true default judgment—i.e., when a party fails to file responsive pleadings. It does not apply to a default judgment as sanction for failing to make proper discovery. Simpkins v. Ryder Freight Sys., Inc., 855 S.W.2d 416 (Mo. App. W.D. 1993); State ex rel. Webster v. Ames, 791 S.W.2d 916 (Mo. App. S.D. 1990); Houchins v. Houchins, 727 S.W.2d 181, 181–83 (Mo. App. W.D. 1987). The rule does not apply to a judgment entered “by default” because of defendant’s failure to appear at trial. Herrin v. Straus,810 S.W.2d 593...