Laubinger v. Missouri State Highway Commission

Plaintiff Laubinger appeals from an order of the Cole County Circuit Court dismissing his breach of contract action against the Missouri State Highway Commission. A previous action on these same facts was dismissed by the circuit court in 1981 for failure to prosecute, and the court dismissed the present suit as res judicata. On appeal, plaintiff argues that the circuit court erred by granting the motion to dismiss because the first dismissal was not with prejudice, and because plaintiff did not have reasonable notice and opportunity to be heard prior to the first dismissal. Judgment affirmed.