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Civil Practice: Venue-Waiver-Forum Non Conveniens

Where appellants challenged the grant of a motion to transfer venue and the dismissal without prejudice of their action for a declaratory judgment in a dispute arising from the appellants’ entry into real estate agent and non-compete agreements with the defendant, the judgment constituted a final, appealable judgment, and the defendant waived its venue objection when it filed late, so the trial court lacked authority to grant the transfer motion, and the court also erred in dismissing the action on the basis of forum non conveniens, but the court did not err in refusing to impose sanctions because the appellants did not make the motion separate from other motions as required.

Judgment is affirmed in part; reversed in part; and remanded.

Loew v. Heartland Trophy Properties, Inc. (MLW No. 79691/Case No. WD85343 – 12 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Putnam County, Hudson, J. (Christopher Swiecicki, Chesterfield, for appellant) (Justin Sullivan, Des Moines, Iowa, for respondent).