Livingston v. Webster County Bank

FLANIGAN, Presiding Judge.

On November 18, 1991, plaintiffs Richard Livingston and Jane Livingston filed a three-count petition in the Circuit Court of Webster County against defendant Webster County Bank. The trial court sustained the bank’s motion to dismiss. Plaintiffs appeal.

Plaintiffs contend that the trial court erred in dismissing this action for several reasons, including the following: “The court improperly considered facts raised in defendant’s motion which referred to two previously filed cases which were not part of the record in the instant case ... [and] were not properly…