Jungmeyer v. City of Eldon

, Mark D.. Pfeiffer, Presiding Judge

• This is an appeal from a judgment of the Circuit Court of Miller County, Missouri (“trial court”), granting summary judgment in favor of' defendant City of Eldon, Missouri (“City”) and against plaintiffs Joan and Glen Jungmeyer, Dennis and Linda Killday, Timothy King, Kim Ruiz-Tompkins, Robert Dunstan, Bill Koebel, and Virgil Clark (“Plaintiffs”). Because the trial court erroneously based its summary judgment on its mistaken belief that a motion to strike does not constitute a “response” to a Rule 74.041 motion for summary judgment, we reverse the trial…