Legal Opinion · Dissent

Fugate v. Jackson Hewitt, Inc.

Missouri Court of Appeals

Decided March 1, 2011No. WD 72353Published

1Dissent

CYNTHIA L. MARTIN, Presiding Judge.

I respectfully dissent from the majority opinion’s conclusion that Jackson Hewitt is a “credit services organization” subject to the provisions of sections 407.635 to 407.644. I would affirm the trial court’s dismissal of Fugate’s petition.

I agree with the majority opinion’s observation that in interpreting the credit services organization statutes to determine their applicability to Jackson Hewitt, we must “ ‘ascertain the intent of the legislature from the language used, [ ] give effect to that intent if possible, and [ ] consider the words in their plain…

2Cases cited16 opinions

  1. South Metropolitan Fire Protection District v. City of Lee's SummitSupreme Court of Missouri · 2009
  2. Martinez v. StateMissouri Court of Appeals · 2000
  3. State Ex Rel. Wright v. CarterSupreme Court of Missouri · 1958
  4. State Ex Rel. Dravo Corporation v. SpradlingSupreme Court of Missouri · 1974
  5. Bosworth v. SewellSupreme Court of Missouri · 1996

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