Dempsey v. Burns

Full title: RICHARD DEMPSEY, Respondent, v. MICHAEL BURNS, Appellant

Court: Missouri Court of Appeals, Eastern District, Division Two

Date published: Jan 23, 2001

36 S.W.3d 420 (Mo. Ct. App. 2001)

Opinion

No. ED 77777

January 23, 2001

APPEAL FROM THE CIRCUIT COURT OF FRANKLIN COUNTY, HONORABLE JEFFREY SCHAEPERKOETTER.

William James O'Herin, Florissant, MO, for appellant. Richard B. Dempsey, Washington, MO, for respondent.

Before: CLIFFORD H. AHRENS, P.J., WILLIAM H. CRANDALL Jr., J., and JAMES R. DOWD, J.

ORDER

PER CURIAM.

Appellant Michael Burns appeals the judgment dismissing his application for trial de novo for failure to prosecute and reinstating the judgment of default entered by the associate circuit court in favor of Respondent. We find no abuse of discretion. We deny Respondent's motion for sanctions, which was taken with the case. An extended opinion would have no precedential value. We have, however, provided a memorandum for the use of the parties only setting forth the reasons for our decision. We affirm the judgment pursuant to Rule 84.16(b).