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ABBADESSA v. TINDALL

No. WD 40504.

763 S.W.2d 178 (1988)

Albert ABBADESSA and Carol Abbadessa, Robert M. Wilhite and Barbara Wilhite, Appellants, v. Dale TINDALL, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 27, 1988.

Application to Transfer Denied February 14, 1989.

Attorney(s) appearing for the Case

Charles A. Powell, Jr., Macon, for appellants.

Louis F. Cottey, Davis A. Masters, Oswald & Cottey, Kirksville, for respondent.

Before LOWENSTEIN, P.J., and TURNAGE and COVINGTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 27, 1988.

TURNAGE, Judge.

The Abbadessas and Wilhites filed suit against Dale Tindall for common law fraud in the sale of securities. The court entered summary judgment in favor of Tindall. The dispositive question on appeal is the timeliness of the filing of the notice of appeal. Appeal dismissed.

Tindall filed a motion for summary judgment after the case was at issue and the court...

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