Legal Opinion

Sherman v. Missouri Professionals Mutual-Physicians Professional Indemnity Ass'n

Missouri Court of Appeals

Decided March 14, 2017No. WD 79836PublishedCited by 4 opinions

1Opinion of the CourtKaren King Mitchell, Presiding Judge

Tracy Sherman appeals from the trial court’s grant of Missouri Professionals Mutual-Physicians Professional Indemnity Association’s (Insurer’s) motion for judgment on the pleadings in her garnishment action under § 379.200.1 Because the abatement doctrine required the trial court to either stay or dismiss the matter without prejudice, we reverse the entry of judgment on the pleadings' and remand for further proceedings consistent with this opinion.

*869Background2

Sherman obtained a tort judgment against Dr. Michael Kaplan for $500,000, pursuant to a settlement agreement under § 537.065. After that…

2Cases cited12 opinions

  1. Butler v. EatonSupreme Court of the United States · 1891
  2. State Ex Rel. Nixon v. American Tobacco Co.Supreme Court of Missouri · 2000
  3. Dilley v. ValentineMissouri Court of Appeals · 2013
  4. Cross v. Drury Inns, Inc.Missouri Court of Appeals · 2000
  5. AG Processing Inc. v. Missouri Public Service CommissionMissouri Court of Appeals · 2013

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3Cited by4 opinions

  1. Skaggs Chiropractic, L.L.C. v. FordMissouri Court of Appeals · 2018
  2. CYNTHIA HARRIS v. ANNA MAE EDGAR, Defendants-RespondentsMissouri Court of Appeals · 2019
  3. Lilly v. Polsinelli, PCMissouri Court of Appeals · 2018
  4. Lilly v. Polsinelli, PCMissouri Court of Appeals · 2018

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