Tyler v. Citizens Home Bank of Greenfield

CROW, Judge.

Appellant (“Tyler”) sued three defendants: Eugene Eisert (“Eugene”), Eugene’s wife, Katherine N. Eisert (“Katherine”), and Citizens Home Bank of Greenfield, Missouri (“the Bank”).

The Bank filed a motion to dismiss Tyler’s petition for failure to state a claim upon which relief can be granted, Rule 55.27(a)(6),1 or for summary judgment in favor of the Bank on the ground that there were no genuine issues of material fact and the Bank was entitled to judgment in its favor as a matter of law, Rule 74.04(c).

After arguments on the motion, the trial court entered an order providing, in…