Legal Opinion

Bauldin v. Barton County Mutual Insurance Co.

Missouri Court of Appeals

Decided September 30, 1980No. 11130PublishedCited by 9 opinions

1Opinion of the Court

HOGAN, Judge.

Plaintiff Edith M. Bauldin appeals from the trial court’s order dismissing her action against defendant Barton County Mutual Insurance Company. The meritorious question presented-very indirectly-is whether the trial court should have treated defendant’s second motion to dismiss as a motion for summary judgment, and should thereafter have given all parties a reasonable opportunity to present all pertinent material as provided by Rule 55.27(a) and Rule 74.04. 1 We conclude it should have, and that the order of dismissal must be reversed and the cause remanded.

The action was…

2Cases cited8 opinions

  1. Homan v. Employers Reinsurance Corp.Supreme Court of Missouri · 1940
  2. McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
  3. Gruwell v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1907
  4. Robley D. Evans and Elmer Robinson v. McDonnell Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1968
  5. Bernard McMenamy Contractors, Inc. v. Missouri State Highway CommissionMissouri Court of Appeals · 1979

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. DeLisle v. Cape Mutual Insurance Co.Missouri Court of Appeals · 1984
  2. State Ex Rel. Vanderpool Feed & Supply Co. v. SloanMissouri Court of Appeals · 1982
  3. Bauldin v. Barton County Mutual Ins. Co.Missouri Court of Appeals · 1984
  4. Caldwell v. Lester E. Cox Medical Centers-South, Inc.Missouri Court of Appeals · 1997
  5. Garoutte v. Farmers Mutual Insurance Co.Missouri Court of Appeals · 1992

4 more not listed; retrieve them via the Exa API.

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