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BOULEVARD BANK v. MALOTT

No. WD 74917.

397 S.W.3d 458 (2013)

BOULEVARD BANK, Respondent, v. Herb MALOTT, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 5, 2013.

Application for Transfer Denied May 28, 2013.

Attorney(s) appearing for the Case

Dale K Irwin , Slough Connealy Irwin & Madden LLC, Kansas City, MO, Matt Wilson , Columbia, MO, Dave Angle , Angle Wilson Law LLC, Columbia, MO, for appellant.

Howard A. Wittner , David VonGontard , St. Louis, MO, for respondent.

Before Division Three: ALOK AHUJA, P.J., and VICTOR C. HOWARD and CYNTHIA L. MARTIN, JJ.

ALOK AHUJA, Judge.

Herb Malott appeals from a judgment dismissing his claim that Boulevard Bank failed to comply with statutory notice requirements before selling Malott's automobile, in which the Bank held a security interest. Because the Bank's pre-sale notice failed to adequately advise Malott of the method of intended disposition of the vehicle, as required by §§ 400.9-613 and.9-614,1 we reverse, and remand the case to the...

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