HOROBEC v. MUELLER

No. 44029.

628 S.W.2d 942 (1982)

William R. HOROBEC, Plaintiff-Appellant, v. Earl D. MUELLER and June M. Mueller, his wife, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

February 9, 1982.


Attorney(s) appearing for the Case

W. Morris Taylor, Taylor, Schumaier & Sluggett, Clayton, for plaintiff-appellant.

Thomas M. Lang & Daniel P. Card, II, Love, Lacks, McMahon & Schwarz, Clayton, for defendants-respondents.


SNYDER, Judge.

The plaintiff-appellant in a contract and fraud action in St. Charles County appeals from the trial court's dismissal of the action with prejudice and the trial court's refusal to reinstate the case upon appellant's motion. The trial court dismissed the case for failure to prosecute. The judgment is reversed and the cause remanded.

The trial court dismissed appellant's action at approximately 9:25 a. m. on February 9, 1981 after appellant and...

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