Boyer v. Grandview Manor Care Center, Inc.

ROBERTSON, Judge.

This case raises an issue of general interest and importance: whether defendants, as respondents, are required to argue the submissibility of the plaintiff’s case when the plaintiff appeals the trial court’s order granting a new trial. The Court of Appeals, Western District, held that by failing to argue submissibility on the initial appeal, defendants abandoned those claims on appeal following remand. We granted transfer and have jurisdiction. Mo. Const, art. V, § 10. We hold that defendants did not abandon their properly preserved submissi-bility claims and retransfer the…