Legal Opinion

Spath v. Norris

Missouri Court of Appeals

Decided March 17, 2009No. WD 68904PublishedCited by 18 opinions

1Opinion of the Court

LISA WHITE HARDWICK, Judge.

Carl and Pam Spath appeal from the circuit court’s dismissal of their Petition for Damages, against Gary Norris and Jerry and Rhonda Lindsay, on grounds of res judicata and collateral estoppel. Because the court erred in applying these defenses, we reverse and remand.

I. Factual and Procedural History

Gary Norris was the developer of a subdivision in Brookfield, Missouri, known as Quail Valley. Jerry and Rhonda Lindsay purchased two lots from Norris and built a home. The Spaths purchased both lots and the newly constructed home from the Lindsays in January 1999.

On May…

2Cases cited9 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. State Ex Rel. O'Blennis v. AdolfMissouri Court of Appeals · 1985
  3. Shores v. Express Lending Services, Inc.Missouri Court of Appeals · 1999
  4. State v. PolleyMissouri Court of Appeals · 1999
  5. WEA Crestwood Plaza, L.L.C. v. Flamers Charburgers, Inc.Missouri Court of Appeals · 2000

4 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Robinson v. HookerMissouri Court of Appeals · 2010
  2. Mitchell v. Residential Funding Corp.Missouri Court of Appeals · 2011
  3. Lauber-Clayton, LLC v. Novus Properties Co.Missouri Court of Appeals · 2013
  4. Walters Bender Strohbehn & Vaughan, P.C. v. MasonMissouri Court of Appeals · 2010
  5. Gamble v. BrowningMissouri Court of Appeals · 2012

13 more not listed; retrieve them via the Exa API.

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