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 Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order.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:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network