Leuchtmann v. Missouri Department of Corrections

JOSEPH M. ELLIS, Chief Judge.

David A. Leuchtmann appeals from the Circuit Court of Cole County’s sua sponte dismissal of his petition for declaratory judgment for failing to state a claim for which relief could be granted. Appellant sought a declaration that he was entitled to jail time credit under § 558.031.1 Because we find that Appellant’s petition sufficiently pled a justiciable controversy, we reverse the trial court’s dismissal and remand for further proceedings.

“In reviewing the trial court’s dismissal of a petition for failure to state a claim upon which relief could be granted, this…