Mullins v. Miller

GRIMM, Judge.

Plaintiff Myra Mullins, a dental patient of defendant Jack Miller, sued him concerning a set of dentures. Plaintiff did not file the affidavit required by § 538.225. 1 This affidavit must show plaintiff “obtained a written opinion of a legally qualified health care provider” stating defendant had failed to use the appropriate care. Defendant’s motion to dismiss was sustained and the cause was dismissed without prejudice. Finding no appealable order was entered, this appeal is dismissed.

I. Procedural Background

On May 25, 1989, plaintiff filed a four count petition. Plaintiff…