Mercantile Bank of Sikeston v. Moore

I dissent. The two bases upon which I do so require a statement of the background of this case. The case was briefed and submitted by oral argument on October 19, 1989. An opinion was written affirming the judgment of the trial court and adopted by the court. The defendants’ Motion for Re-hearing was sustained. The ease was again orally argued and resubmitted June 6, 1990.

First, I do not believe the judgment should be reversed because the plaintiff’s motion for summary judgment does not meet the requirements of Rule 74.04(c). Even a complete failure to state with particularity the grounds for…