MOLEY v. PLAZA PROPERTIES, INC.

No. 28489.

549 S.W.2d 633 (1977)

Frank P. MOLEY and Marie Moley, Appellants, v. PLAZA PROPERTIES, INC., and Melvin E. Kleb, Individually and as President of Plaza Properties, Inc., Respondents.

Missouri Court of Appeals, Kansas City District.

April 4, 1977.


Attorney(s) appearing for the Case

John R. O'Malley, Barbieri, Combs & Gotschall, Kansas City, for appellants.

James M. Beck, Johnson, Lucas, Bush & Snapp, Kansas City, for respondents.

Before SHANGLER, P. J., and WELBORN and HIGGINS, Special Judges.


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...

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