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BIRDSONG v. CHRISTIANS

No. 23926.

50 S.W.3d 420 (2001)

Kenneth A. BIRDSONG and Delta R. Birdsong, Plaintiffs-Appellants, v. Raymond CHRISTIANS, Defendant, and Darrell Kidd, d/b/a Darrell Kidd Extermination and Pest Control, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

August 6, 2001.

Attorney(s) appearing for the Case

David J. Riesenmy, Joplin, for appellants.

Charles Bradley Tuck, Tuck & Lukachick, P.C., Springfield, for respondent.

RAHMEYER, Judge.

This appeal involves the dismissal with prejudice of a lawsuit brought by Kenneth and Delta Birdsong ("Appellants") as a result of an allegedly negligent termite inspection completed by Darrell Kidd, d/b/a Darrell Kidd Extermination and Pest Control ("Respondent"). The trial court dismissed the suit on the first morning of trial as a sanction for alleged discovery violations.1 Specifically, the trial court found that Appellants...

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