Civil Practice: Jurisdictional Prerequisite-Correctional Center Account Statement-Trial De Novo

Staff Report//November 12, 2019//

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Where a prison inmate filed a complaint against the corrections department claiming a violation of the Missouri Merchandising Practices Act arising from the sale of defective televisions to inmates, the trial court erred in dismissing the petition as untimely for failing to include a correctional center account statement with the filing because the inclusion of such a statement was not a jurisdictional prerequisite for trial de novo.

Judgment is reversed and remanded.

Bey v. Precythe (MLW No. 74102/Case No. WD82602 – 11 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Cole County, Walker, J. (Fredrico Lowe Bey, pro se) (Shannon Renee Gamble, Jefferson City, for respondents).