Vbm Corporation v. Marvel Enterprises

The defendant Marvel Enterprises, Inc. appeals from a judgment entered by the trial court in favor of the plaintiff VBM Corporation, Inc. for money owed on an account. The award was $24,977.48 for the principal amount due and interest of $2,557.35, for a total judgment of $27,534.83. The money judgment was preceded by an order of summary judgment that concluded Marvel's liability to VBM on the account. The amount of the liability was determined at a separate hearing, and entered as the judgment. Marvel contends on appeal that the summary judgment was adjudicated before Marvel completed discovery and hence was an abuse of discretion. Marvel contends also that there remained a genuine issue of material fact as to whether VBM, a foreign corporation, was doing business in Missouri without the certificate of authority required by § 351.570, RSMo 1986 [now § 351.572], and so whether the trial court had subject matter jurisdiction of VBM's claim. § 351.635, RSMo 1986 [now § 351.574.1].