Legal Opinion

Angelo v. City of Hazelwood

Missouri Court of Appeals

Decided June 11, 1991No. 59117PublishedCited by 15 opinions

1Opinion of the Court

CRANDALL, Chief Judge.

Plaintiffs, John and Kimberly Angelo, appeal from the trial court’s judgment sustaining a motion for judgment on the pleadings in favor of defendant, City of Hazel-wood. We affirm.

The party moving for judgment on the pleadings admits, for purposes of the motion, the truth of all well pleaded facts in the opposing party’s pleadings. Madison Block Pharmacy v. U.S. Fidelity, 620 S.W.2d 343, 345 (Mo. banc 1981). “The position of a party moving for judgment on the pleadings is similar to that of a movant on a motion to dismiss, i.e., assuming the facts pleaded by the opposite…

2Cases cited4 opinions

  1. Chappell v. City of SpringfieldSupreme Court of Missouri · 1968
  2. Madison Block Pharmacy, Inc. v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1981
  3. Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
  4. Cantor v. Union Mutual Life Insurance Co.Missouri Court of Appeals · 1977

3Cited by15 opinions

  1. State Ex Rel. Nixon v. American Tobacco Co.Supreme Court of Missouri · 2000
  2. Kline v. City of Kansas CityCourt of Appeals for the Eighth Circuit · 1999
  3. Armstrong v. Cape Girardeau Physician AssociatesMissouri Court of Appeals · 2001
  4. Barker v. DannerMissouri Court of Appeals · 1995
  5. Adams v. InmanMissouri Court of Appeals · 1994

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