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BYRNE v. MOORE

No. SD 30631.

332 S.W.3d 864 (2011)

Sherry BYRNE and Classic Cottages, LLC, Plaintiffs-Respondents, v. Josh MOORE and Ann Moore, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

January 18, 2011.

Attorney(s) appearing for the Case

James R. Sharp , Springfield, MO, for Appellants.

James R. Fossard , Springfield, MO, for Respondents.

JEFFREY W. BATES, Judge.

Josh and Ann Moore (Tenants) appeal from a judgment entered against them in a Chapter 535 RSMo rent and possession action brought by Sherry Byrne and Classic Cottages, LLC (Landlord). Tenants contend the trial court should have dismissed the action prior to the trial de novo requested by Tenants because they had posted a bond in the amount of the underlying judgment. Because the record does not show that Tenants raised this issue below, we...

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