Ozark_Sophist
Senior Member
What is the name of your state? Missouri
1. A default judgement was entered in my favor by a commissioner and signed by a judge according to Rule 129.09.(b).
2. The respondent then hired an attorney who persuaded the commissioner to set aside the judgment according to Rule 74.05.(d). The commissioner found good cause due to respondent not hiring an attorney until after default (contrary to case law at appellete and Supreme Court). In addition, the commissioner did not take up the second required element, meritorious, to set aside a default judgement. The finding to set aside the default judgement was not signed by a judge according to Rule 129.09.(b).
3. Section 487.030, RSMo permits either party to a finding by a commissioner to request a rehearing before a family court judge. I requested but was denied the right to a rehearing before a judge.
Q1: Was it an abuse of discretion by the family court commission to set aside a judgement of the court signed by a judge? I believe this is the specific reason rehearings must be held in front of a judge.
Q2: As the family court commissioner's finding setting aside the default judgement was not signed by a judge, does this make the default judgement valid?
1. A default judgement was entered in my favor by a commissioner and signed by a judge according to Rule 129.09.(b).
2. The respondent then hired an attorney who persuaded the commissioner to set aside the judgment according to Rule 74.05.(d). The commissioner found good cause due to respondent not hiring an attorney until after default (contrary to case law at appellete and Supreme Court). In addition, the commissioner did not take up the second required element, meritorious, to set aside a default judgement. The finding to set aside the default judgement was not signed by a judge according to Rule 129.09.(b).
3. Section 487.030, RSMo permits either party to a finding by a commissioner to request a rehearing before a family court judge. I requested but was denied the right to a rehearing before a judge.
Q1: Was it an abuse of discretion by the family court commission to set aside a judgement of the court signed by a judge? I believe this is the specific reason rehearings must be held in front of a judge.
Q2: As the family court commissioner's finding setting aside the default judgement was not signed by a judge, does this make the default judgement valid?