Legal Opinion

Cain v. Porter

Missouri Court of Appeals

Decided March 29, 2010No. WD 69615PublishedCited by 1 opinion

1Opinion of the Court

ALOK AHUJA, Judge.

Sherri Porter appeals from the trial court’s judgment denying her Rule 74.06(b) motion, which sought relief from what Porter contended was a void judgment. The trial court held that Porter was precluded from reasserting the issues raised in her current motion, because she had raised the same issues in an earlier motion, lost, and appealed, but failed to prosecute her appeal from the earlier adverse ruling to a conclusion. We affirm.

Factual Background

In November 2000, Sherri Porter rear-ended a truck driven by Robert Cain in which his wife, Elizabeth Cain, was a passenger. In…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
  2. Underwriters National Assurance Co. v. North Carolina Life & Accident & Health Insurance Guaranty Ass'nSupreme Court of the United States · 1982
  3. Bryant v. StateCourt of Criminal Appeals of Texas · 2012
  4. LaBarge v. Vierkant (In Re Vierkant)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  5. Baxi v. United Technologies Automotive Corp.Missouri Court of Appeals · 2003

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3Cited by1 opinion

  1. Smith v. SmithMissouri Court of Appeals · 2017

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