KITSMILLER CONST. CO. INC. v. WYNN CONST.

No. 25634.

126 S.W.3d 795 (2004)

KITSMILLER CONSTRUCTION CO. INC., Plaintiff-Appellant, v. WYNN CONSTRUCTION, INC., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 18, 2004.


Attorney(s) appearing for the Case

Steven E. Marsh and Christi D. Sewell, Hulston, Jones & Marsh, Springfield, for appellant.

Stephen H. Snead and Warford B. Johnson III, Wallace, Saunders, Austin, Brown & Enocks, Chartered, for respondent.


NANCY STEFFEN RAHMEYER, Chief Judge.

Kitsmiller Construction Co., Inc. ("Kitsmiller") sued Wynn Construction, Inc. ("Wynn") for damages stemming from their relationship during the construction of the Grand Palace Theatre ("Theatre") in Branson, Missouri. Kitsmiller claims that the trial court committed reversible error by entering summary judgment when the motion failed to comply with Rule 74.04(c)(1).1 We agree and reverse the grant of...

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