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HOWARD v. TURNBULL

No. WD 68451.

258 S.W.3d 73 (2008)

Richard HOWARD, Appellant, v. Dave and Nancy TURNBULL, Turnbull Investments, LLC. and Bank of Blue Valley, Respondents.

Missouri Court of Appeals, Western District.

June 24, 2008.

Attorney(s) appearing for the Case

Frank W. Lipsman, Olathe, KS, for respondents, Turnbull.

Stewart M. Stein, Kansas City, MO, for respondent, Blue Valley Bank.

Before JAMES M. SMART, JR., P.J., THOMAS H. NEWTON, and RONALD R. HOLLIGER, JJ.

THOMAS H. NEWTON, Judge.

Mr. Richard Howard appeals the dismissal of his petition with prejudice against Dave and Nancy Turnbull, and Turnbull Investments, LLC. We reverse and remand.

Factual and Procedural Background

Mr. Howard filed a petition against the Turnbulls, Turnbull Investments, and Bank of Blue Valley. The defendants filed separate motions to dismiss. Mr. Howard did not reply, and the trial court dismissed the petition without prejudice...

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