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Civil Practice : Service Of Process – Dismissal Without Prejudice – Tax Dispute

Where a taxpayer sought to set aside a default judgment against him based on the lack of proper service of process, the trial court’s dismissal was without prejudice since it did not specify, and the deficiencies in the service of process could be cured by the city in a refiled action, which would not be barred by the statute of limitations, so the dismissal did not terminate the litigation thus there was no final, appealable judgment.

Appeal is dismissed.

City of Kansas City v. Ross (MLW No. 70108/Case No. WD79073 – 8 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Jackson County, Weir, J. (Ashley M. Barton and Nikola S. Smith, Kansas City, Missouri, for appellant) (Michael L. Belancio, Kansas City, Missouri, for respondent).

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