context: Wahl cannot use a request for evidentiary hearing to overcome deficiencies in his pleadings. An evidentiary hearing on a motion to set aside a default judgment is not a matter of right, but requires first that- the- motion meet the pleading requirements of Rule 74.05(c).
citation_a.signal: see
citation_a.identifier: 802 S.W.2d 531, 532
citation_a.parenthetical: defaulting party entitled to a hearing where she filed an affidavit, a proposed answer with her motion to set aside, and requested an evidentiary hearing
citation_a.sentence: See id. at 26; Boatmen’s First Nat’l Bank v. Krider, 802 S.W.2d 531, 532 (Mo.App.W.D.1991) (defaulting party entitled to a hearing where she filed an affidavit, a proposed answer with her motion to set aside, and requested an evidentiary hearing); but see, McClelland v. Progressive Cas. Ins. Co., 790 S.W.2d 490, 493-94 (Mo.App.S.D.1990) (no evidentiary hearing necessary because inclusion of an unverified police report with motion, while sufficient to raise inference that loss was caused by arson, it was insufficient to support alleged meritorious defense that the arson was caused by insured).
citation_b.signal: but see
citation_b.identifier: 790 S.W.2d 490, 493-94
citation_b.parenthetical: no evidentiary hearing necessary because inclusion of an unverified police report with motion, while sufficient to raise inference that loss was caused by arson, it was insufficient to support alleged meritorious defense that the arson was caused by insured
citation_b.sentence: See id. at 26; Boatmen’s First Nat’l Bank v. Krider, 802 S.W.2d 531, 532 (Mo.App.W.D.1991) (defaulting party entitled to a hearing where she filed an affidavit, a proposed answer with her motion to set aside, and requested an evidentiary hearing); but see, McClelland v. Progressive Cas. Ins. Co., 790 S.W.2d 490, 493-94 (Mo.App.S.D.1990) (no evidentiary hearing necessary because inclusion of an unverified police report with motion, while sufficient to raise inference that loss was caused by arson, it was insufficient to support alleged meritorious defense that the arson was caused by insured).