Pittsburgh Airport Hotel, v. Trans States, ED 82007.

Decision Date14 October 2003
Docket NumberNo. ED 82007.,ED 82007.
Citation119 S.W.3d 183
PartiesPITTSBURGH AIRPORT HOTEL, L.L.C. d/b/a Microtel Inn and Suites, Respondent, v. TRANS STATES AIRLINES, INC., Appellant.
CourtMissouri Court of Appeals

David John Arthur Hayes III, St. Louis, MO, for appellant.

Vincent Vogler, Jr., St. Louis, MO, for respondent.

OPINION

GLENN A. NORTON, Presiding Judge.

Trans States Airlines, Inc. appeals the order denying its motion to set aside a default judgment. We dismiss the appeal.

I. BACKGROUND

The trial court entered default judgment against Trans States on Pittsburgh Airport Hotel, L.L.C.'s petition to collect a debt. Within thirty days, Trans States filed a special entry of appearance to contest service and requested that the default judgment be set aside. That pleading cited no rule authorizing relief. Before the hearing on that pleading, Trans States filed a motion under Rule 74.05 to set aside the default judgment. This motion was filed almost ninety days after the default judgment had been entered. The court entered an order, denying the motion for failure to plead a meritorious defense.

II. DISCUSSION

Although neither party raises the issue, we have a duty to determine our jurisdiction sua sponte. Landau v. Weil, 87 S.W.3d 909, 910 (Mo.App. E.D.2002). Our jurisdiction over this appeal depends on whether the order is a final judgment.

The default judgment in this case became final thirty days after its entry. The first pleading requesting that the judgment be set aside, filed within thirty days, was not an authorized after-trial motion that could have extended the time within which the judgment became final. See generally Koppenaal v. Director of Revenue, 987 S.W.2d 446, 450-51 (Mo.App. W.D.1999); see also Wooten v. Williams, 827 S.W.2d 282, 283-84 (Mo.App. E.D.1992). The motion to set the judgment aside under Rule 74.05 filed almost ninety days after the entry of judgment—well after it became final—is treated as an independent action. See Gantz v. Director of Revenue, 921 S.W.2d 156, 157 (Mo.App. E.D.1996). Thus, the trial court's disposition of that motion is an independently appealable judgment that must meet all prerequisites of appellate jurisdiction, including the requirement that it be denominated a "judgment" or "decree." Popular Leasing USA, Inc. v. Universal Art Corp. of New York, 57 S.W.3d 875, 878 (Mo.App. E.D.2001) (citing Rule 74.01(a)). This order is not denominated a "judgment" or "decree" and, therefore, is not a final judgment over which this Court has appellate jurisdiction. Popular Leasing, 57 S.W.3d at 878.

III. CONCLUSION

The appeal is...

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3 cases
  • Taylor & Associates Reporting, Inc. v. O'Herin
    • United States
    • Missouri Court of Appeals
    • October 14, 2003
  • Goodson v. National Sports and Recreation
    • United States
    • Missouri Court of Appeals
    • May 18, 2004
    ...filed the instant appeal. This Court has a duty to examine its jurisdiction sua sponte. Pittsburgh Airport Hotel, L.L.C. v. Trans States Airlines, Inc., 119 S.W.3d 183, 183 (Mo.App. E.D.2003). An appellate court only has jurisdiction over final judgments that dispose of all parties and clai......
  • Gordon ex rel. Martin v. City of St. Louis, ED 85942.
    • United States
    • Missouri Court of Appeals
    • January 10, 2006
    ...and a trial court's disposition of that motion is an independently appealable judgment. Pittsburgh Airport Hotel, L.L.C. v. Trans States Airlines, Inc., 119 S.W.3d 183, 184 (Mo.App. E.D.2003). Here, the trial court entered judgment setting aside the Default Judgment on October 7, 2003. Alth......

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