PETERS v. UNITED CONSUMERS CLUB

No. 56491.

786 S.W.2d 192 (1990)

Gerald PETERS and Darlene Peters, Plaintiffs-Appellants, v. UNITED CONSUMERS CLUB, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

March 20, 1990.


Attorney(s) appearing for the Case

Daniel J. McAuliffe & Associates, William C. Foote, Clayton, for plaintiffs-appellants.

Deborah Bell Yates, St. Louis, for defendant-respondent.


KAROHL, Judge.

This is an appeal from a judgment granting attorney's fees and costs. The motion for fees under § 407.025 RSMo 1986 was filed subsequent to a dismissal without prejudice. Plaintiffs, Gerald and Darlene Peters, challenge the award on the ground that defendant, United Consumers Club, is not the "prevailing party" as required by the Merchandising Practices Act. Section 407.025 RSMo 1986. We find the court entered the award without jurisdiction and...

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