DUNN v. SECURITY FINANCIAL ADVISORS, INC.

No. WD 64164.

151 S.W.3d 140 (2004)

John DUNN, et al, Respondent, v. SECURITY FINANCIAL ADVISORS, INC. et al, Defendant; First Heartland Capital, Inc., Appellant.

Missouri Court of Appeals, Western District.

December 21, 2004.


Attorney(s) appearing for the Case

William J. Travis, St. Louis, MO, for Appellant.

Anthony J. Romano, Kansas City, MO, for Respondent.

Before HARDWICK, P.J., ULRICH and NEWTON, JJ.


LISA WHITE HARDWICK, Judge.

First Heartland Capital, Inc. appeals from the denial of its Motion to Dismiss and Compel Arbitration of negligence, breach of fiduciary duty, and unauthorized trading claims filed by John Dunn. Appellant contends the trial court erred in denying the motion for failure to comply with a local rule requiring the filing of suggestions. Because the rule was misapplied, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

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