Legal Opinion
Hart v. Impey
Missouri Court of Appeals
Decided November 1, 2012No. SD 31633PublishedCited by 9 opinions
1Opinion of the CourtJeffrey W. Bates, J.
The issue presented by this appeal is whether the trial court had the authority to enter a judgment awarding attorney’s fees to plaintiffs, pursuant to § 537.528, after they voluntarily dismissed their lawsuit without prejudice pursuant to Rule 67.02(a).1 We conclude that the answer to that question is “no.” Because the judgment was entered without authority, it is invalid and must be vacated. We remand the cause to the trial court with directions to vacate the judgment and all orders entered after the date of plaintiffs voluntary dismissal.
The underlying lawsuit arose out of a school bond…
2Cases cited19 opinions
- State Ex Rel. DePaul Health Center v. MummertSupreme Court of Missouri · 1994
- Buemi v. KerckhoffSupreme Court of Missouri · 2011
- City of Colton v. SingletaryCalifornia Court of Appeal · 2012
- Diehl v. Fred Weber, Inc.Missouri Court of Appeals · 2010
- In Re Estate of ShawSupreme Court of Missouri · 2008
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Michael Brune, Claimant/Respondent v. Johnson Controls, a/k/a Hoover Universal, Inc., Employer/Appellant.Missouri Court of Appeals · 2015
- Impey v. ClitheroMissouri Court of Appeals · 2018
- JOHN T. IMPEY v. LARRY JOE HART, L. J. HART and COMPANY, MICHAEL A. CLITHERO, TIMOTHY JOHN McFARLAN, DEREK A. ANKROM, JASON SMITH, and HUSCH BLACKWELLMissouri Court of Appeals · 2015
- JOHN STEVEN LIST, Petitioner-Respondent v. DIRECTOR OF REVENUE, STATE OF MISSOURIMissouri Court of Appeals · 2015
- Wiss v. SpitzmillerMissouri Court of Appeals · 2014
4 more not listed; retrieve them via the Exa API.