STOLFUS v. MUSSELMAN & HALL CONST., INC.

No. WD 45317.

845 S.W.2d 565 (1992)

Kenneth STOLFUS, Appellant, v. MUSSELMAN & HALL CONSTRUCTION, INC. and City of Kansas City, MO, Respondents.

Missouri Court of Appeals, Western District.

July 28, 1992.


Attorney(s) appearing for the Case

R. Gregory Gore, Hyatt Legal Services, Independence, for appellant.

John G. Schultz, Niewald, Waldeck & Brown, Kansas City, for respondents.

Before SHANGLER, P.J., and KENNEDY and SMART, JJ.


SMART, Judge.

This appeal involves the issue of whether a plaintiff, after losing a trial in the associate circuit court and filing an application for trial de novo, may dismiss the cause of action in the circuit court and file another petition alleging the same cause of action in the associate circuit court. The trial court in this case held that the second action is barred by the doctrine of res judicata. This court reverses, holding that the doctrine of res judicata...

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