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IN RE ESTATE OF KLAUBER

No. SC 83350.

59 S.W.3d 512 (2001)

In the Matter of the ESTATE OF Raymond KLAUBER, Incapacitated/Disabled.

Supreme Court of Missouri, En Banc.

November 20, 2001.

Attorney(s) appearing for the Case

Cynthia A. Sciuto, Thomas B. Weaver, Marshall R. Hoekel, St. Louis, for appellant.

Douglas L. Levine, Clayton, for respondent.

RONNIE L. WHITE, Judge.

The probate division of the circuit court dismissed appellant, Clayton House Health Care's ("Clayton House"), claim against the estate of Raymond Klauber ("the estate") for failure to prosecute, without specifying whether the dismissal was with prejudice or without prejudice. Clayton House attempted to re-file the claim, and the court again dismissed, holding that the prior dismissal was effectively a prejudicial

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