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BANK OF MISSOURI v. SOUTH CREEK PROPERTIES

Nos. SD 32374, SD 32543.

455 S.W.3d 47 (2014)

The BANK OF MISSOURI, Plaintiff-Respondent, v. SOUTH CREEK PROPERTIES, LLC, Hammer Collections, LLC, Michael and Charlotte Dawley, Defendants-Appellants, and Treadwell Enterprises, Inc., Third-Party Defendant-Respondent.

Missouri Court of Appeals, Southern District.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 29, 2014.

Application for Transfer Denied June 24, 2014.

Attorney(s) appearing for the Case

Mark C. Fels , Springfield, MO, for Appellant.

William L. Sauerwein , Clayton, MO, Grant J. Mabie , Crestwood, MO, for Respondent Treadwell Enterprises.

Raymond I. Plaster , Springfield, MO, for Respondent The Bank of Missouri.

This case involves an appeal from a judgment in an action to recover the balance due on a promissory note. After a foreclosure sale of certain commercial real estate ("the property") in Greene County, Missouri, Bank of Missouri ("Bank") sued the defendants — South Creek Properties, LLC ("South Creek"), Hammer Collections...

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