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eBook details

• Title: Troy Earls v. Richard Dean King and
• Author : Southern District, Division One Court of Appeals of Missouri
• Release Date : January 08, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

James K. Prewitt, Judge This matter has previously been here. See Earls v. Farmers Production Credit Ass'n, 763 S.W.2d 694
(Mo.App. 1988). That appeal was dismissed as there was no judgment. Following remand the trial court entered an order dismissing
the claim of Troy Earls without prejudice pursuant to Rule 52.13 because no motion for substitution was made within 90 days
of the first amended petition, which the trial court treated as a suggestion of death. Finding that Troy Earls and Mary Ear
Is did not have "legal ability to sue" because of their bankruptcy the trial court dismissed the claim of Mary Earls with
prejudice. This action was instituted on August 5, 1985. Troy Earls and Mary Earls, husband and wife, were the plaintiffs. The first
amended petition was filed on October 26, 1985. Although naming Troy Earls as a plaintiff, it recites that "Plaintiff, Troy
Earls, is now deceased, having died on October , 1985." The amended petition claims that defendants' negligence and failure
to use good faith from July 1979 through August of 1981 caused the plaintiffs to lose their hog farming operation. The amended
petition recites that "on or about August 18, 1983, the Plaintiffs filed for bankruptcy because of their inability to pay
their debts." The amended petition sought actual and punitive damages. 1

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