First Bank v. THE ANNIE-JOYCE GROUP, LLC, 334 S.W.3d 589

Annie-Joyce Group, LLC and Byron Hayes guaranteed a Business Preferred Credit Agreement with First Bank after Annie-Joyce defaulted on October 22, 2008.
First Bank filed a Petition for Breach of Contract; service of process occurred September 23, 2009.
An alias summons with the words Conditionall y Accepted was filed October 8, 2009; Hayes appeared in court on multiple dates without counsel for Annie-Joyce.
Trial was set for January 5, 2010, but continued to March 16, 2010 after continuances requested by Hayes.
Neither Hayes nor Annie-Joyce’s counsel appeared for trial on March 16, 2010; the trial court entered a default judgment against Annie-Joyce and Hayes jointly and severally for $8,214.40.
Hayes moved to set aside the default judgment on March 17, 2010; the trial court denied the motion on May 11, 2010, and the judgment remained in effect.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal should be dismissed for Rule 84.04 noncompliance	First Bank argues appellate briefing compliance is mandatory.	Hayes/Annie-Joyce failed to meet Rule 84.04 requirements.	Appeal dismissed for briefing noncompliance.
Whether the motion to set aside the default judgment was properly reviewable	The court should evaluate under abuse-of-discretion standards.	Defendants contend genuine issues of material fact exist.	Court defers or declines merits review due to procedural dismissal; no reversal on the merits.

Thompson v. Flagstar Bank, FSB, 299 S.W.3d 311 (Mo.App. S.D.2009) (pro se appellants must comply with same rules as counsel)
First State Bank of St. Charles v. American Family Mut. Ins. Co., 277 S.W.3d 749 (Mo.App. E.D.2008) (failure to comply with Rule 84.04 grounds for dismissal)
Dressel v. Dressel, 214 S.W.3d 341 (Mo.App. E.D.2007) (statement of facts must be fair, concise, and supported by record)
Brungard v. Risky's Inc., 240 S.W.3d 685 (Mo.banc 2007) (abuse of discretion standard for motion to set aside default; preference for merits)