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CITY OF CLARKSVILLE v. JENKS

No. ED 102659.

486 S.W.3d 383 (2015)

CITY OF CLARKSVILLE, Respondent, v. Margaret M. JENKS, Trustee of the Margaret M. Jenks Trust U/A Dated September 29, 1982, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied by Supreme Court January 25, 2016.

Application for Transfer Denied May 3, 2016.

Attorney(s) appearing for the Case

Jeffery T. McPherson , James E. Mello and Matthew J. Reh , Armstrong Teasdale , LLP, 7700 Forsyth Boulevard, Suite 1800, St. Louis, Missouri 63105, for Appellant.

Robert J. Guinness , Guinness & Buehler, P.C., 50 Hill Pointe Court, Suite 200, St. Charles, Missouri 63301, for Respondent.

Before Philip M. Hess, P.J., Gary M. Gaertner, Jr., J. and Angela T. Quigless, J.

ORDER

Margaret Jenks (Appellant) appeals the trial court's denial of her motion for attorney's fees and costs pursuant to § 523.256 RSMo (2006). In a single point on appeal, Appellant argues that the general rule of civil procedure for voluntary dismissal, Rule 67.02, does not apply to condemnation proceedings. In the...

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