DUEKER v. ECKELKAMP

No. ED 85257.

180 S.W.3d 17 (2005)

Gracie DUEKER, Appellant, v. Marilyn ECKELKAMP, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

November 22, 2005.


Attorney(s) appearing for the Case

Robert F. Garza, Union, MO, for appellant.

Nicholas G. Gasaway, Hillsboro, MO, for respondent.


LAWRENCE E. MOONEY, Judge.

Gracie Dueker appeals from the trial court's judgment dismissing her refiled petition for loss of consortium against the defendant, Marilyn Eckelkamp. Dueker argues the trial court erred in dismissing her refiled petition because Rule 67.01 permits her to dismiss without prejudice and refile her petition because her refiled petition is not "otherwise barred."

On July 5, 1996, Dueker's then husband, Todd Ruether ("Husband") was injured...

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