Lilly v. Polsinelli, PC

I respectfully dissent.

Appellants Eugene Brooks Lilly and Shannon Lilly filed two lawsuits in the Circuit Court of Jackson County, making identical claims against Respondents Daniel D. Owen and Polsinelli PC. The Lillys filed the second action because they believed it would not be subject to a limitations defense which Owen and Polsinelli have asserted against the Lillys' first-filed Missouri action. The circuit court dismissed the second-filed suit under the abatement doctrine, based on the pendency of the prior case. I believe we have appellate jurisdiction to review the dismissal ruling,…