Ste. Genevieve County v. Fox

CRANDALL, Judge.

Plaintiff, Ste. Genevieve County, appeals from the entry of summary judgment in the amount of $28,662.60 plus interest in favor of defendants, Edwin K. Fox and Melvin Cole, a Partnership, d/b/a Fox & Cole Consulting Engineers, on their counterclaim. Plaintiff had previously settled its action and dismissed its claim with prejudice. On appeal plaintiff contends the trial court erred in granting summary judgment because issues raised by plaintiff’s affirmative defense to the counterclaim were not precluded by settlement and dismissal of plaintiff’s claim; and that regardless of…