GAS LLC v. NICK NINO PUB LLC (2021)

Missouri Court of Appeals, Western District.

M & H GAS, LLC, Respondent, v. NICK & NINO'S PUB, LLC, Appellant.

WD 84059

Decided: August 17, 2021

Before Division Two: Mark D. Pfeiffer, P.J., and Alok Ahuja and Karen King Mitchell, JJ.

Christian W. Boggs, Kansas City for appellant. William B. Kasey, Jonathan M. Soper, Independence for respondent.

ORDER

The Circuit Court of Jackson County entered a default judgment against Nick & Nino's Pub, LLC, in a breach of contract case brought against it by M&H Gas, LLC. The circuit court awarded M&H $12,240.00 in damages, plus post-judgment interest, attorney's fees, and costs. Nick & Nino's filed a motion to set aside the default judgment, which the circuit court denied. Nick & Nino's appeals. It argues that the circuit court lacked subject-matter jurisdiction because the petition failed to plead damages with the specificity required by Supreme Court Rule 55.05, and because the court violated § 511.160, RSMo, by awarding more in damages than M&H demanded in its petition. 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 Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order.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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