Marriage of Wait v. Wait

669 S.W.2d 632, 1984 Mo. App. LEXIS 3724

• Court: Missouri Court of Appeals
• Decided: April 24, 1984
• Docket: No. 47422
• Status: Published

Opinion

CRANDALL, Judge.

Appellant, Lisa Wait, signed an entry of appearance in a dissolution proceeding on December 4, 1982. On January 10, 1988, a default and inquiry was granted and a hearing was set for January 24, 1983. On January 24, 1983, appellant appeared in court and testified but filed no responsive pleading. A default judgment was entered that day. Appellant did not file a motion to set aside or vacate that decree. She did file a notice of appeal on July 19, 1983, after having been granted leave to file a late notice of appeal.

A default judgment is not appealable in the absence of a motion to set aside or vacate. Vonsmith v. Vonsmith, 664 S.W.2d 7, 8 (Mo. banc 1984).

Appeal dismissed.¹

KAROHL, P.J., and REINHARD, J., concur.

1 . Appellant’s motion to strike respondent’s supplemental legal file is rendered moot by this opinion.