A change in fact or law alone is not enough to set aside judgment under Rule 74.06(b)

A Rule 74.06(b)(5) proceeding is equitable and carries no right to a jury, and a change in fact or law alone will not set aside a judgment; the movant must also show it is no longer equitable to leave the judgment in effect.

Abandonment apparent on the face of an amended motion needs no evidentiary hearing

While review of the untimely amended motion was permitted under the abandonment exception, the Court ultimately finds the appellant’s ineffective assistance of counsel claims meritless given the overwhelming evidence supporting her intentional, premeditated murder of her husband.

A plaintiff must establish waiver of sovereign immunity as part of its prima facie case

Plaintiffs must establish waiver of sovereign immunity in their prima facie case in order to bring suit against a public entity.