MCCLURE v. CAMPBELL (2021)

Missouri Court of Appeals, Western District.

James D. MCCLURE, Respondent, v. Mike CAMPBELL, as Court Appointed Defendant ad Litem for John Davis, Appellant.

WD 83852 Consolidated with WD 83878

Decided: February 16, 2021

Before Division One: Alok Ahuja, P.J., and Thomas H. Newton and Thomas N. Chapman, JJ.

James A. Wilke, Daniel E. Wilke, St. Louis, for appellant. Aaron W. Smith, Columbia, for respondent.

ORDER

James McClure filed suit against John Davis in the Circuit Court of Boone County for personal injuries McClure suffered in a motor vehicle accident. Because Davis was deceased at the time McClure filed suit, Mike Campbell was appointed as Defendant ad Litem pursuant to § 537.021, RSMo. The circuit court entered a default judgment against Campbell, and later denied Campbell's motion to set the default judgment aside. Campbell appeals. He argues that the default judgment was void because he was never properly served with process, and that McClure's petition failed to state a claim upon which relief could be granted. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM:

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