MERRIMAN v. CHURA

No. 61301.

842 S.W.2d 199 (1992)

Kent R. MERRIMAN, Plaintiff-Respondent, v. Thomas M. CHURA, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Seven.

November 24, 1992.


Attorney(s) appearing for the Case

Mary Elizabeth Dorsey, St. Louis, for defendant-appellant.

Stephen G. Bell, St. Louis, for plaintiff-respondent.


KAROHL, Chief Judge.

Defendant appeals denial of his application for Trial De Novo after judgment for plaintiff in a court tried case by an associate circuit judge. The petition alleged two causes, negligence and fraud. The prayer was for $5,000 and costs on each, inconsistent and alternative count.

We must first decide a jurisdictional dispute. Defendant argues that he is entitled to a trial de novo in the circuit...

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