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SEXTRO v. BURKEY

No. 71677.

950 S.W.2d 523 (1997)

Gary SEXTRO, et al., Plaintiffs/Respondents, v. William H. BURKEY and Leasing Consultants, Inc., Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 29, 1997.

Application to Transfer Denied September 30, 1997.

Attorney(s) appearing for the Case

Ray A. Gerritzen, Gerritzen & Gerritzen, St. Louis, for defendants/appellants.

Gerald Michael Dunne, Clayton, for plaintiffs/respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 29, 1997.

GRIMM, Judge.

In this landlord-tenant dispute, plaintiffs-landlords filed a petition for rent and possession. Defendants-tenants filed an answer and counterclaim. After approximately four years, the trial court dismissed the "cause" without prejudice for failure to prosecute.

Defendants' sole point on appeal is that the trial court erred in ruling that their counterclaim was...

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