Stephens v. Mikkelsen

Charles N. Mikkelsen appeals the circuit court’s Judgment finding Mikkelsen not an heir of Charles C. Kastner on Trustees’1 Amended Petition for Declaratory Judgment and denying Mikkelsen’s Motion for Judgment on the Pleadings. In his sole point on appeal, Mikkelsen contends that the court erred by granting summary judgment against Mikkelsen and in favor of Trustees because no party other than Mikkelsen had ever filed a motion for summary judgment and Missouri law does not permit a trial court to enter summary judgment against a party unless there is a pending motion seeking summary judgment…