Missouri Court of Appeals March 5, 1996, No. WD 51092 (Levine v. Hans)

SMART, Presiding Judge.

This appeal presents issues related to the concept of “surprise” as used in Rule 74.06 of the Supreme Court Rules. Bernard B. Levine, Steven Karbank, Neil Karbank and Roberta Jacobs appeal from an order granting a *359motion for relief from judgment filed under Rule 74.06.