Appellate Practice : Summary Judgment – Rule 74.04
Stephanie Maniscalco//August 16, 2016//
Where appellants brought claims including breach of fiduciary duty, fraud and breach of contract against a bank in a dispute arising from promissory note defaults, the appellants’ points and arguments in support of their points failed to conform to the procedural requirements of Rule 74.04, and the appellants failed to demonstrate a genuine issue as to any particular material fact in the summary judgment record, so the points are denied.
Judgment is affirmed.
Great Southern Bank v. Blue Chalk Construction (MLW No. 69573/Case No. SD34165 – 15 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Greene County, Cordonnier, J. (Rodney Harrison Nichols, Springfield, and John Edmund Price, Springfield, for respondent) (Wesley Allen Barnum, Joplin, for appellant).
Read the full text of this opinion. (PDF)
Latest Opinion Digests
- Criminal Law-Second-Degree Rape-Sufficiency of Evidence
- Criminal Law-Witness Tampering-Sufficiency of Evidence
- Criminal Law-Post-Conviction Relief-Abandonment by Counsel
- Criminal Law-Filing Criminal Charges-Attorney General Aid
- Criminal Law-Civil Commitment-Sexually Violent Predator
- Criminal Law-Assault-Prosecutorial Misconduct
- Real Property-Prescriptive Easement-Public Right of Way
Legal Tech
- AI in practice: How new technology is affecting litigation practice
- Experts foresee legal malpractice risk for those who eschew AI
- Legal Decoder launches AI-powered billing analytics interface
Top stories
- 8th Circuit dismisses Liberty Mutual appeal over remand order in Missouri
- Elderly couple injured in collision settles with insurer
- 8th Circuit rejects tribal school funding appeal
- 8th Circuit reverses shoreline use permit revocation
- Missouri Bar committee seeks input on rural legal service gaps
- Appeals court orders new look at conversion therapy case following Supreme Court ruling
- Jury finds seat belt maker liable in $40.5M child injury case
- Injured motorist recovers policy limits, plus medical damages in under a year





