WINCE v. McGARRAH

No. 22082.

972 S.W.2d 641 (1998)

Ronald B. WINCE, Plaintiff-Appellant, v. David McGARRAH, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

July 22, 1998.


Attorney(s) appearing for the Case

David F. Barrett, Law Office of Mary Lou Martin, P.C., Joplin, for Plaintiff-Appellant.

John Sims, Sims, Johnson & Woods, Neosho, for Defendant-Respondent.


PREWITT, Presiding Judge.

The principal issue is whether Plaintiff may receive damages for Defendant's failure to release of record a satisfied judgment. Plaintiff's petition alleged he had fully paid a judgment and Defendant had refused to show it satisfied, thereby causing Plaintiff damages.

Following Plaintiff's filing of a petition in this matter, Defendant filed a motion to dismiss because the petition "does not state a cause of action upon which relief...

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