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FORTNER v. FLEETWOOD HOMES OF TENNESSEE INC.

No. WD 65126.

176 S.W.3d 149 (2005)

Nick FORTNER, et al, Appellant, v. FLEETWOOD HOMES OF TENNESSEE INC., et al, Respondent.

Missouri Court of Appeals, Western District.

November 1, 2005.

Attorney(s) appearing for the Case

John B. Neher, Lexington, for appellant.

Steven Martin Aaron, Kansas City, for Respondent.

RONALD R. HOLLIGER, Presiding Judge.

Nick Fortner (Fortner) appeals from a summary judgment in favor of Fleetwood Homes of Tennessee, Inc. (Fleetwood). Fortner contends that there are controverted material facts that prevent summary judgment. We dismiss the appeal because it is moot. In a separate proceeding this court has granted a writ of prohibition finding that the case had been properly dismissed while the summary judgment motion was pending and, therefore, the...

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