Legal Opinion · Dissent

Jennings v. Board of Curators of Missouri State University

Missouri Court of Appeals

Decided August 27, 2012No. SD 31900Published

1DissentNancy Steffen Rahmeyer, J.

I respectfully disagree with the majority opinion that Plaintiff did not plead a cause of action.

The standard of review for the granting of a motion to dismiss is de novo. Bosch v. St. Louis Healthcare Network, 41 S.W.3d 462, 464 (Mo. banc 2001). Where a trial court fails to state a basis for its dismissal, the appeals court will presume that the dismissal is based on the grounds stated in the motion to dismiss. Shaver v. Shaver, 913 S.W.2d 443, 444 (Mo.App. E.D.1996). The appeals court will affirm the dismissal if it can be granted on any grounds supported by the motion to dismiss. McBride…

2Cases cited12 opinions

  1. Nazeri v. Missouri Valley CollegeSupreme Court of Missouri · 1993
  2. Alhalabi v. Missouri Department of Natural ResourcesMissouri Court of Appeals · 2009
  3. Koger v. Hartford Life Insurance Co.Missouri Court of Appeals · 2000
  4. Bosch v. St. Louis Healthcare NetworkSupreme Court of Missouri · 2001
  5. Missouri Consolidated Health Care Plan v. Community Health PlanMissouri Court of Appeals · 2002

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