Legal Opinion

Benchmark Healthcare of Wildwood, LLC v. Whispering Oaks Residential Care Facility, LLC

Missouri Court of Appeals

Decided September 24, 2013No. ED 99178PublishedCited by 3 opinions

1Opinion of the Court

ROBERT G. DOWD, JR., Judge.

Whispering Oaks Residential Care Facility, LLC (“Whispering Oaks”) appeals from the judgment of the trial court denying its motion to set aside default judgment. Whispering Oaks raises fourteen separate points on appeal. We find none of Whispering Oaks’s fourteen points on appeal have merit and affirm the trial court’s judgment.

The underlying issue in this case involves a water distribution system located on Whispering Oaks’s land and use of the water by its nursing home neighbor, Benchmark Health Care of Wildwood, LLC (“Benchmark”). Whispering Oaks owns property…

2Cases cited3 opinions

  1. SATURN OF TIFFANY SPRINGS v. McDARISMissouri Court of Appeals · 2011
  2. Moore v. BakerMissouri Court of Appeals · 1998
  3. Arnold v. MingerMissouri Court of Appeals · 2011

3Cited by3 opinions

  1. Turman v. POS Partners, LLCCourt of Appeals of Texas · 2018
  2. Skaggs Chiropractic, L.L.C. v. FordMissouri Court of Appeals · 2018
  3. Virgin Australia Regional Airlines Pty Ltd. v. JetPro International LLCDistrict Court, S.D. New York · 2022

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