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ABBOTT v. EPIC LANDSCAPE PRODUCTIONS, L.C.

No. WD 72867.

361 S.W.3d 13 (2011)

Thomas ABBOTT, Personal Representative of the Estate of Charles Abbott, Appellant, v. EPIC LANDSCAPE PRODUCTIONS, L.C., et al., Respondents.

Missouri Court of Appeals, Western District.

As Modified January 31, 2012.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 31, 2012.

Application for Transfer Denied April 3, 2012.

Attorney(s) appearing for the Case

Richard J. Zalasky , St. Louis, MO, for appellant.

Paul Christian Hamill , St. Louis, MO, and Joseph Jay Roper and John Michael Brigg , Kansas City, MO, for respondents.

Before Division Two: James M. Smart, Jr., P.J., Mark D. Pfeiffer and Cynthia L. Martin, JJ.

JAMES M. SMART, JR., Judge.

Charles Abbott appeals the judgment of the trial court granting Fountainhead Refunding, L.L.C.'s ("Fountainhead's") Motion to Dismiss and Epic Landscaping Productions, L.C.'s ("Epic's") Motion for Summary Judgment. Abbott contends that the trial court erred in granting Fountainhead's Motion based on a clause in the lease Abbott signed, because Fountainhead was not a party to the lease. Abbott also contends the clause is void as against...

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