Missouri Board for Architects Professional Engineers & Land Surveyors v. Earth Resources Engineering, Inc.

I respectfully must dissent. The majority would change the entire purpose of the summary judgment rule by grafting an objective test, a “reasonable person” test, defeating the entire focus of summary judgments, the majority protestations in footnote 2 of their opinion notwithstanding.

Rule 74.04(c) governs the procedure used for proceeding on a summary judgment. It states:(c) Motion and Proceedings Thereon. The motion shall state with particularity the grounds therefor and shall be served at least ten days before the time fixed for the hearing. Prior to the day of hearing the adverse party may…