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GAS LLC v. NICK NINO PUB LLC (2021)

Missouri Court of Appeals, Western District.2021-08-17No. WD 84059

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Opinion

ORDER

The Circuit Court of Jackson County entered a default judgment against Nick & Ninos 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, attorneys fees, and costs. Nick & Ninos filed a motion to set aside the default judgment, which the circuit court denied. Nick & Ninos 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 Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order.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: