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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2021-11-17
Type Cc Quiet Title
Docket 86 entries
Disposition tried by court-civil

Parties

Plaintiff Flores Rodriguez, Oscar Fernando|Leonard, Gillis Conrad|Flores, Christina M
Defendant Mares, Adam Lorenzo|Mares, Shelby Lynn
Photo of Hon. Hayes Scott A

Judge

Hon. Hayes Scott A

Missouri

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Lawyers

Docket Entries

  1. udge Assigned
  2. atisfaction of Judgment Filed Satisfaction of Judgement; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  4. atisfaction of Judgment Filed Partial Satisfaction of Judgment; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  6. otice
  7. mended Judgment Second Amended Judgment
  8. rder Defendant's Order to Amend Judgment Nunc Pro Tunc
  9. ther Proposed Document Filed Second Amendment; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  10. otion to Amend Nunc Pro Tunc Motion; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  12. otice
  13. otion Hearing Held Plaintiff appears by Attorney Gillis Leonard. Defendant appears by Attorney Sidney Wheelan. Respondent's motion to lift stay is granted. Performance bond issues exist. Stay lifted 09/01 at 5:00 p.m. Associated Entries: 08/03/2023 - Motion Hearing Scheduled Scheduled For: 08/22/2023; 1:30 PM; SCOTT A HAYES; Randolph
  15. otion Hearing Scheduled Associated Entries: 08/22/2023 - Motion Hearing Held + Scheduled For: 08/22/2023; 1:30 PM; SCOTT A HAYES; Randolph
  16. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  17. otion to Lift Stay Defendants Motion to Lift Stay of Execution of the Judgment Obtained Herein and to Allow Defendants to Obtain Full and Unobstructed Use of the Subject Property; Exhibit 1 - Photo; Exhibit 2 - Photo; Exhibit 3 - Photo; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  19. orrespondence Filed Proof of Repleven Bond; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  21. otice
  22. rder The Court takes up Plaintiffs Motion to reconsider or alternative Motion to Stay of Execution. The Court denies the Motion for Reconsideration. The Court grants a 30 day stay of execution, that will be renewable as long as progress is shown. Plaintiff's are also to restore the property they are leaving to a decent position and cause no waste or damage. They are to secure a bond in amount of $15,000 for performance of same.
  23. earing/Trial Cancelled Associated Entries: 05/25/2023 - Motion Hearing Scheduled Scheduled For: 06/20/2023; 1:30 PM; SCOTT A HAYES; Randolph
  25. otice
  26. otion Hearing Scheduled Associated Entries: 05/26/2023 - Hearing/Trial Cancelled Scheduled For: 06/20/2023; 1:30 PM; SCOTT A HAYES; Randolph
  27. otice of Hearing Filed Notice of Hearing on Motion to ReconsiderAmend; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  28. otion to Reconsider Motion to Reconsider Amend with Exhibits; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  30. otice
  32. mended Judgment Damages shall be assessed against the Plaintiffs Oscar and Kristina Flores in favor of the Defendants Sheldby and Adam Mares in the amount of $1,200. The Court does not find that the award of fees to be proper under these circumstances and does not give Judgment for either party on fees. Costs of this action are taxed against the Plaintiffs.
  33. otice
  34. earing Held Attorney Leonard for Plaintiff appears. Attorney Wheelan for Defendant appears. Hearing held. Evidence adduced. Court sets aside award of attorneys fees in the judgment. The court keeps award and damages in tact. Amended judgment to be filed this date Associated Entries: 05/04/2023 - Hearing Scheduled Scheduled For: 05/16/2023; 2:30 PM; SCOTT A HAYES; Randolph
  36. otice
  37. earing Scheduled Associated Entries: 05/16/2023 - Hearing Held + Scheduled For: 05/16/2023; 2:30 PM; SCOTT A HAYES; Randolph
  38. rder The Court, sua sponte, has reconsidered the award of damages and attorney fees in this matter for the reason that Respondents would have incurred sam should they have been the moving party. The fence line and the placement of the buildings would have been litigated either direction, and the award of attorney fees may be punitive in nature for a action undertaken by Plaintiffs upon a mistaken belief in a justiciable, non-frivolous lawsuit. Therefore, this Court, pursuant to Rule 75.01 sets this matter for reconsideration of the award of damages and attorney fees for hearing on May 16, 2023 at 2:30 p.m. Parties may appear in person, by memoranda or not at all should they desire. Unless a party files other motions, it is NOT the Courts intention to touch the remaining portions of the Judgment. Should the parties meet and confer and come to an agreement, the Court will honor same.
  39. otice
  40. otice Entered in Error
  41. udgment Entered Damages shall be assessed against the Plaintiffs Oscar and Kristina Flores in favor of the Defendants Shelby and Adam Mares in the amount of Twelve Thousand One Hundred Dollars ($12,100.00) and that the court costs in this matter shall be assessed against the Plaintiffs Oscar and Kristina Flores.
  42. ried by Court-Civil Judgment in favor of Defendant's
  43. otice
  44. ause Taken Under Advisement Filed By: SCOTT A HAYES Associated Entries: 01/23/2023 - Case Review Scheduled Scheduled For: 04/18/2023; 1:30 PM; SCOTT A HAYES; Randolph
  45. ase Review Held Under Advisement
  46. ther Proposed Document Filed Judgment; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  47. ther Proposed Document Filed Defendants Trial Memorandum; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN
  48. emorandum Filed Referenced case law; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  49. emorandum Filed Referenced case law; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD
  50. emorandum Filed Referenced case law; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD
  51. roposed Order Filed Proposed Judgment; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD
  52. otice
  53. ase Review Scheduled Associated Entries: 04/18/2023 - Cause Taken Under Advisement Scheduled For: 04/18/2023; 1:30 PM; SCOTT A HAYES; Randolph
  54. ourt Trial Held Plaintiffs with Attorney Leonard, Respondents with Attorney Wheelan. Parties appear and announce ready. Plaintiff opens. Respondent opens. Joint stipulation as to Exhibits entered. Plaintiff presents case in chief, rests. Respondent presents case. Proposed Findings of Fact and Conclusions of Law/Judgment to be provided in 30 days. Status set for April 18, 2023 at 1:30 p.m. Parties need not appear. Associated Entries: 11/22/2022 - Hearing Continued/Rescheduled + Associated Entries: 11/22/2022 - Court Trial Scheduled Scheduled For: 01/23/2023; 9:00 AM; SCOTT A HAYES; Randolph
  55. ubpoena Served Returned Served Subpoenas; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  56. otice
  57. ourt Trial Scheduled Associated Entries: 01/23/2023 - Court Trial Held + Scheduled For: 01/23/2023; 9:00 AM; SCOTT A HAYES; Randolph
  58. earing Continued/Rescheduled Attorney Leonard and Attorney Wheelan appear in court. Parties have mediated and not come to an agreement matter set for trial 9:00 a.m. on January 23, 2023 Associated Entries: 09/26/2022 - Hearing Continued/Rescheduled + Associated Entries: 09/26/2022 - Court Trial Scheduled Associated Entries: 01/23/2023 - Court Trial Held + Hearing Continued From: 11/22/2022; 1:30 PM Court Trial
  59. otice of Court Hearing Sent
  60. ourt Trial Scheduled Associated Entries: 11/22/2022 - Hearing Continued/Rescheduled + Scheduled For: 11/22/2022; 1:30 PM; SCOTT A HAYES; Randolph
  61. earing Continued/Rescheduled Respondent's motion to continue is granted with consent of petitioner. Matter set for dismissal of all claims/counterclaims on 11/22/22 at 1:30 should meaningful mediation as ordered by the court not have taken place. Associated Entries: 06/21/2022 - Hearing Continued/Rescheduled + Associated Entries: 06/22/2022 - Court Trial Scheduled Associated Entries: 11/22/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 09/27/2022; 1:30 PM Court Trial
  62. onsent to Ruling Filed Consent to Ruling as to Continuance; Electronic Filing Certificate of Service. Filed By: JILL WHITEHEAD CREED On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  63. otion for Continuance Motion for Continuance; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  64. otion for Leave Motion for Leave to Amend w First Amended Petition attached; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  65. otice of Court Hearing Sent
  66. ourt Trial Scheduled Associated Entries: 09/26/2022 - Hearing Continued/Rescheduled + Scheduled For: 09/27/2022; 1:30 PM; SCOTT A HAYES; Randolph
  67. earing Continued/Rescheduled Plaintiffs appear by Attorney Creed standing in for Attorney Leonard. Defendants appear by Attorney Wheelan. Court orders mediation. Trial set for 9/27/2022 at 1:30 pm. Associated Entries: 03/22/2022 - Hearing Continued/Rescheduled + Associated Entries: 03/22/2022 - Case Review Scheduled Associated Entries: 09/26/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 06/21/2022; 1:30 PM Case Review
  68. otice
  69. udge/Clerk - Note
  70. ase Review Scheduled Associated Entries: 06/21/2022 - Hearing Continued/Rescheduled + Scheduled For: 06/21/2022; 1:30 PM; SCOTT A HAYES; Randolph
  71. earing Continued/Rescheduled Plaintiffs appear by Attorney Creed standing in for Attorney Gillis. Defendants appear by Attorney Wheelan. Disposition setting scheduled for 6/21/2022 at 1:30 pm. Associated Entries: 02/22/2022 - Hearing Continued/Rescheduled + Associated Entries: 02/24/2022 - Case Review Scheduled Associated Entries: 06/21/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 03/22/2022; 1:30 PM Case Review
  72. otice of Court Hearing Sent
  73. ase Review Scheduled Associated Entries: 03/22/2022 - Hearing Continued/Rescheduled + Scheduled For: 03/22/2022; 1:30 PM; SCOTT A HAYES; Randolph
  74. earing Continued/Rescheduled Plaintiff appears by Attorney Creed standing in for Attorney Leonard. Defendant Adam Mares appears with Attorney Wheelan. Plaintiff granted leave to file out of time. Discovery schedule to be provided. Status set 3/22/2022 at 1:30 pm. Associated Entries: 01/07/2022 - Hearing Scheduled + Associated Entries: 03/22/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 02/22/2022; 1:30 PM Hearing
  75. esponse Filed Plaintiffs Answer to Counter-Claim; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  76. ot for Leave to File Out/Time Plaintiffs Motion for Leave to File Out of Time; Electronic Filing Certificate of Service. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  77. otice of Court Hearing Sent
  78. earing Scheduled Cause is set for 02/22/2022 at 1:30 for consent hearing, scheduling conference, discovery schedule, trial setting or other order. Counsel requested to provide agreed upon discovery schedule on or before said date and, failing same, Court will set discovery schedule if appropriate. If for trial setting, counsel to submit available trial date. Clerk to notify. Associated Entries: 02/22/2022 - Hearing Continued/Rescheduled + Scheduled For: 02/22/2022; 1:30 PM; SCOTT A HAYES; Randolph
  79. nswer Filed Defendants Answer and Counter-Claim; Electronic Filing Certificate of Service. Filed By: SIDNEY WHEELAN On Behalf Of: ADAM LORENZO MARES, SHELBY LYNN MARES
  80. amily Member/Roommate Served Document ID - 21-SMCC-207; Served To - MARES, SHELBY LYNN; Server - SO RANDOLPH COUNTY-HUNTSVILLE; Served Date - 07-DEC-21; Served Time - 13:15:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - LCW: ADAM MARES at 1335 CR 2268
  81. ummons Personally Served Document ID - 21-SMCC-206; Served To - MARES, ADAM LORENZO; Server - SO RANDOLPH COUNTY-HUNTSVILLE; Served Date - 07-DEC-21; Served Time - 13:15:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - 1335 CR 2268
  82. ummons Issued-Circuit Document ID: 21-SMCC-207, for MARES, SHELBY LYNN. (Plaintiff to print summons, print service documents and obtain service.)
  83. ummons Issued-Circuit Document ID: 21-SMCC-206, for MARES, ADAM LORENZO. (Plaintiff to print summons, print service documents and obtain service.)
  84. iling Info Sheet eFiling Filed By: GILLIS CONRAD LEONARD
  85. ffidavit Filed Affidavit Supporting Adverse Possession; Ex-A Survey. Filed By: GILLIS CONRAD LEONARD On Behalf Of: OSCAR FERNANDO FLORES RODRIGUEZ, CHRISTINA M FLORES
  86. et Filed in Circuit Ct Petition To Quiet Title; Ex-A Survey. Filed By: GILLIS CONRAD LEONARD

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