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SPATH v. NORRIS

No. WD 68904.

281 S.W.3d 346 (2009)

Carl SPATH and Pam Spath, Appellants, v. Gary L. NORRIS, et al., Respondent.

Missouri Court of Appeals, Western District.

March 17, 2009.

Attorney(s) appearing for the Case

Michelle Lynn Webb Burns, Overland Park, KS, for appellants.

Robert E. Cowherd, Chillicothe and Jeffrey Scott Nichols, Kansas City, MO, for respondent.

Before DIV II: SMART, P.J., HARDWICK, and WELSH, JJ.

LISA WHITE HARDWICK, Judge.

Carl and Pam Spath appeal from the circuit court's dismissal of their Petition for Damages, against Gary Norris and Jerry and Rhonda Lindsay, on grounds of res judicata and collateral estoppel. Because the court erred in applying these defenses, we reverse and remand.

I. FACTUAL AND PROCEDURAL HISTORY

Gary Norris was the developer of a subdivision in Brookfield, Missouri...

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