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STATE EX REL. MORASCH v. KIMBERLIN

No. 64628.

654 S.W.2d 889 (1983)

STATE ex rel. George MORASCH, II, Relator, v. Honorable William M. KIMBERLIN, Judge, Circuit Court, Cass County, Respondent.

Supreme Court of Missouri, En Banc.

August 16, 1983.

Attorney(s) appearing for the Case

June Clark, Danny L. Curtis, Kansas City, for relator.

Christopher C. Marsh, Kansas City, for respondent.

DONNELLY, Judge.

On December 10, 1980, Colleen Morasch filed a petition for damages against George Morasch. The petition for damages contained an instruction to the clerk of the court to: "Hold for entry — Do not serve." Colleen first requested service of process on December 14, 1981, one year and one day after the expiration of the applicable statute of limitation. § 516.120(4), RSMo 1978. George filed a motion to dismiss, alleging Colleen's cause of...

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