Missouri Court of Appeals, 2008

Schwartz v. M & T Mortgage Corp.

Schwartz v. M & T Mortgage Corp.
Missouri Court of Appeals · Decided September 16, 2008 · Cohen, Norton, Odenwald
263 S.W.3d 789; 2008 Mo. App. LEXIS 1256; 2008 WL 4211106 (South Western Reporter, Third Series)

Schwartz v. M & T Mortgage Corp.

Opinion of the Court

ORDER

PER CURIAM.

Celia Schwartz appeals from the trial court’s setting aside of a default judgment against M & T Mortgage Corp. Ms. Schwartz contends that the trial court erred in setting aside the default judgment because M & T’s motion to set aside violated Rule 74.05(d) by failing to (1) state facts constituting a meritorious defense or (2) establish good cause for failing to timely answer the petition. We affirm.

We have reviewed the briefs of the parties and the record on appeal and find the trial court’s decision was not clearly erroneous. An extended opinion would have no precedential value. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision.

We affirm the judgment pursuant to Rule 84.16(b).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.