Legal Opinion
Moley v. Plaza Properties, Inc.
Missouri Court of Appeals
Decided April 4, 1977No. 28489PublishedCited by 5 opinions
1Opinion of the Court
ANDREW J. HIGGINS, Special Judge.
Appeal from sustention of defendants’ motion to dismiss plaintiffs’ petition for failure to state a cause of action and ensuing dismissal of plaintiffs’ cause of action “without prejudice.”
Defendants have moved to dismiss the appeal, contending that because the dismissal was without prejudice and because upon such a dismissal another action may be brought for the same cause, see Section 510.150, RSMo 1969, and Rule 67.03, V.A. M.R., the judgment was not final and ap-pealable.
The motion to dismiss the appeal is overruled. When a petition is dismissed on the…
2Cases cited6 opinions
- Hasemeier v. SmithSupreme Court of Missouri · 1962
- Empiregas, Inc., of Noel v. Hoover Ball & Bearing Co.Supreme Court of Missouri · 1974
- State v. LindseySupreme Court of Missouri · 1974
- W. Crawford Smith, Inc. v. WatkinsMissouri Court of Appeals · 1968
- Bently v. Wilson Trailer Co.Missouri Court of Appeals · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hill v. General Motors Corp.Missouri Court of Appeals · 1982
- State ex rel. Premier Marketing, Inc. v. KramerMissouri Court of Appeals · 1999
- Health Related Services, Inc. v. Golden Plains Convalescent Center, Inc.Missouri Court of Appeals · 1985
- Ponze v. GuirlMissouri Court of Appeals · 1990
- Garrison-Wagner v. City of St. LouisMissouri Court of Appeals · 1983