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BARNEY ASHNER HOMES v. FARMERS BANK & TRUST

No. WD 73292.

351 S.W.3d 823 (2011)

BARNEY ASHNER HOMES, INC., et al., Appellants, v. FARMERS BANK & TRUST, N.A., et al., Respondents.

Missouri Court of Appeals, Western District.

October 11, 2011.

Attorney(s) appearing for the Case

John M. Duggan and Deron A. Anliker , Overland Park, KS, for appellants.

Jacqueline M. Sexton , Lynn W. Judkins and Cory L. Adkins , Kansas City, MO, for respondents.

Before Division Two: THOMAS H. NEWTON, Presiding Judge, CYNTHIA L. MARTIN, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Appellants appeal the final judgment of the Circuit Court of Jackson County dismissing their Amended Petition on the grounds that the trial court could not exercise its authority1 due to the prior filing of identical claims in another case in Kansas and as a result the improper splitting of a cause of action. We affirm in part and reverse in part.

Factual Background

On December 14, 2009, Great Southern...

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