TYSON v. DIXON

No. WD 46772.

859 S.W.2d 758 (1993)

Mata J. TYSON, Appellant, v. George F. DIXON, III, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 27, 1993.

Application to Transfer Denied September 28, 1993.


Attorney(s) appearing for the Case

Phillip L. Morris, Kansas City, for appellant.

Larry James Tyrl, Kansas City, for respondent.

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


Motion for Rehearing and/or Transfer to Supreme Court Denied July 27, 1993.

SMART, Judge.

This case involves the "relation back" of an amendment substituting a party defendant under Rule 55.33(c), filed after the statute of limitations has run. Plaintiff Mata J. Tyson appeals from the trial court's order granting Defendant George F. Dixon, III's motion for summary judgment upon defendant's assertion that plaintiff's cause of action was barred by the statute...

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