Wince v. McGarrah

PREWITT, Presiding Judge.

The principal issue is whether Plaintiff may receive damages for Defendant’s failure to release of record a satisfied judgment. Plaintiffs petition alleged he had fully paid a judgment and Defendant had refused to show it satisfied, thereby causing Plaintiff damages.

Following Plaintiffs filing of a petition in this matter, Defendant filed a motion to dismiss because the petition “does not state a cause of action upon which relief can be granted,” which motion the trial court may have treated as a motion for summary judgment. See Rule 55.27(a)(12). The judgment recites…