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In the Missouri Court of Appeals

Western District  

FORSYTH FINANCIAL GROUP, LLC, ASSIGNEE OF FIRST NATIONAL BANK OF OMAHA (VISA/MASTERCARD),
Respondent,
v.

NICK HAYES,
Appellant.
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WD72785
FILED:  August 23, 2011


  
APPEAL FROM THE CIRCUIT COURT OF CLAY COUNTY
THE HONORABLE DONALD T. NORRIS, JUDGE

BEFORE DIVISION FOUR: LISA WHITE HARDWICK, CHIEF JUDGE,  
JAMES M. SMART, JUDGE, AND GREGORY GILLIS, SPECIAL JUDGE  

Nick Hayes appeals the denial of his motion to set aside a default judgment pursuant to Rule 74.06(b).  Hayes contends the default judgment was void and, therefore, the motion court erred in failing to grant relief.  For reasons explained herein, we find no error and affirm the denial of the motion to set aside the judgment.
FACTUAL AND PROCEDURAL HISTORY
On November 28, 2005, Forsyth Financial Group, LLC ("FFG") filed a Petition for Breach of Contract against Hayes in the Circuit Court of Clay County.  The petition alleged that FFG, as the "assignee of First National Bank of Omaha
(Visa/MasterCard)," advanced funds to Hayes pursuant to a credit cardholder agreement.  The petition sought a judgment against Hayes for a principal balance of $1,963.78 on the credit card, attorneys

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