KANSAS CITY — The Western District of the Missouri Court of Appeals ruled that it couldn't overturn the lower court's legal interpretation, but confirmed its jurisdiction and the finality of its October 2022 decision in a 13-year-old case.
The case was presided over by Gary D. Witt, Janet Sutton and Susan Casey. Sutton authored the July 9 opinion.
In December 2009, Christal Allen sued X & F Enterprise for damages. X & F Enterprise was served but did not respond, leading to a default judgment in September 2011 in Allen's favor.
"The circuit court entered an interlocutory order of default in favor of Allen and against X & F Enterprise in June 2010," Sutton wrote. "The circuit court then held a hearing in May 2011 where Allen presented evidence of past medical damages, lost wages, and future medical expenses. On September 27, 2011, the circuit court entered a default judgment in favor of Allen and against X & F Enterprise in the amount of $700,000.00 plus costs."
Ten years later, X & F Enterprise sought a declaratory judgment in December 2021, arguing that the 2011 judgment was considered satisfied under Missouri law due to the passage of time without revival.
Allen countered, claiming equitable tolling of the judgment revival period due to X & F Enterprise's actions.
In July 2022, Allen filed a motion to enforce discovery in a declaratory judgment case against X & F Enterprise, citing the company's initial neglect of her discovery requests, followed by inadequate objections and failure to provide required answers and documents.
By early August 2022, X & F Enterprise's counsel sought withdrawal due to the company's failure to meet financial obligations to counsel. Despite warnings, X & F Enterprise did not contest the withdrawal, leading the court to grant counsel permission to withdraw on Aug. 26, 2022.
At the same time, the court granted Allen's motion to compel discovery, ordering X & F Enterprise to comply within fourteen days or face dismissal of the case.
During a subsequent case management conference on Sept. 9, 2022, no representative from X & F Enterprise appeared, prompting Allen to file a motion for discovery sanctions on Sept. 13, 2022. Allegations included X & F Enterprise's failure to provide required interrogatory answers, respond to production requests, or produce relevant documents.
X & F Enterprise also did not appear at the Oct. 3, 2022, hearing on the sanctions motion, leading the court to issue a judgment in favor of Allen, dismissing X & F Enterprise's petition with prejudice and granting declaratory judgment in favor of Allen on her counterclaim.
In May 2023, Allen pursued revival of a default judgment from September 2011 against X & F Enterprise.
Despite notification and a show-cause hearing in July 2023, X & F Enterprise failed to appear, resulting in the court deeming Allen's claims admitted and issuing a revival order. X & F Enterprise's subsequent motion for reconsideration and appeal were met with procedural challenges and were effectively closed by Sept. 7, 2023, when the court noted the issue was no longer under consideration.
The appeals court affirmed, stating it couldn't overturn the tolling court's legal interpretation but confirming its jurisdiction and the finality of its October 2022 decision, which precluded further challenges under collateral estoppel.
The appellant was represented by Don Peterson. The Respondent was represented by Lee Baty and Patrick Hunt.
Attorneys declined to comment on the case.
Missouri Court of Appeals, Western District case number: WD86536