Legal Opinion · Concurrence

Executive Board v. Windermere Baptist Conference Center, Inc.

Missouri Court of Appeals

Decided March 25, 2014No. Nos. SD 32699, SD 32735Published

1ConcurrenceDaniel E. Scott, J.

I concur in the result for slightly different reasons. The principal opinion charitably understates Appellant’s disregard of Rule 84.04 and developed case law, but I think we can affirm on the merits as to two of Appellant’s three pleaded counts.

Counts I and II — Release

For the express purposes “of resolving, settling and compromising any and all of [Hill] and [Appellant]’s potential disputes and to avoid the expense of further litigating the claims and defenses which each party may have,” these two parties mutually released each other — prior to this lawsuit — from all claims, causes of…

2Cases cited4 opinions

  1. Andes v. AlbanoSupreme Court of Missouri · 1993
  2. Chopin v. American Automobile Ass'nMissouri Court of Appeals · 1998
  3. Wichita Falls Production Credit Ass'n v. DismangMissouri Court of Appeals · 2002
  4. Jimmy Jones Excavation, Inc. v. JDC Structural Concrete, LLCMissouri Court of Appeals · 2013

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