STULZ v. CITIZEN'S BANK AND TRUST CO.

No. WD 63755.

160 S.W.3d 423 (2005)

James George STULZ and Melissa Claire Stulz, Appellants, v. CITIZEN'S BANK AND TRUST COMPANY, Respondent, Hall Realty Company, Respondent, Robert Bruce Darrington and Mary Katherine Darrington, Defendants.

Missouri Court of Appeals, Western District.

April 19, 2005.


Attorney(s) appearing for the Case

Martin A. Bauman, St. Joseph, MO, for appellants.

Dana J. Macoubrie, Chillicothe, MO, for respondent Citizen's Bank and Trust Co.

Zell M. Fischer, Rock Port, MO, for respondent Hall Realty Company.

Before HOLLIGER, P.J., BRECKENRIDGE and ELLIS, JJ.


PATRICIA BRECKENRIDGE, Judge.

James and Melissa Stulz appeal the final judgment granting Citizen's Bank and Trust Company's motion to dismiss the Stulzes' claims for wrongful foreclosure and conversion and granting Hall Realty Company's motion to dismiss the Stulzes' claim for conversion. In their first point, the Stulzes assert that the trial court erred in granting Citizen's Bank's motion to dismiss because Citizen's Bank converted surplus funds from a foreclosure...

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