STATE EX REL. BLUE SPRINGS v. SCHIEBER

No. WD 73774.

343 S.W.3d 686 (2011)

STATE of Missouri ex rel. CITY OF BLUE SPRINGS, MISSOURI, Relator, v. The Honorable Robert M. SCHIEBER, Circuit Court Judge, Respondent.

Missouri Court of Appeals, Western District.

June 21, 2011.


Attorney(s) appearing for the Case

Brandon D. Mizner , Kansas City, MO, for Relator and Defendant in the Underlying Action, City of Blue Springs, Missouri.

Margaret D. Lineberry , Kansas City, MO, for Plaintiffs in the Underlying Action, Shawn Stevens and Jennifer Stevens.

David R. Buchanan , Kansas City, MO, for Defendants in the Underlying Action, MarKirk Construction, Inc., and Kirk Jones.

Joseph S. Gall , Independence, MO, for Defendant in the Underlying Action, Damar Development, Inc.

Before Writ Division: KAREN KING MITCHELL, Presiding Judge, and THOMAS H. NEWTON and MARK D. PFEIFFER, Judges.


KAREN KING MITCHELL, Presiding Judge.

This is a res judicata case. The plaintiffs had previously sued the defendant and other co-defendants. The circuit court granted summary judgment in favor of the defendant, but the plaintiffs' claims against the co-defendants remained. The plaintiffs then dismissed their claims against the remaining co-defendants without prejudice and refiled the same claims against most of the defendants, including the defendant in whose...

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