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Case Information

Filed 2022-08-05
Type Ac Rent And Possession
Docket 51 entries
Disposition Tried by Court-Civil

Parties

Plaintiff Dillard, Phillip|Lowther, Craig Frederick
Defendant Dillard, Bruce|Doe (unauthorized Occupants), Lee

Docket Entries

  1. <td></td><td></td><td></td>
  2. Judge/Clerk - Note Transcirpt Cost letter requesting deposit mailed to Dft this date. /kj
  3. <td></td><td></td><td></td>
  4. Return Service - Other Landlord Execution returned served/posted by the GCSD./mt
  5. <td></td><td></td><td></td>
  6. Hearing Held Defendant arrived at 9:25am. Court does not change ruling. JAH/mks
  7. Hearing Held Plaintiff by attorney Hall. Defendant fails to appear. Defendant's pending motion is dismissed. JAH/mks Associated Entries: 10/28/2022 - Civil Setting Scheduled Scheduled For: 11/01/2022; 9:00 AM; JERRY A HARMISON JR ; Greene
  8. <td></td><td></td><td></td>
  9. Notice to Vacate Executed Landlord Execution issued to the Sheriff of Greene County, MO for possession of premises. Same sent to the Sheriff via printer. /jj
  10. <td></td><td></td><td></td>
  11. Civil Setting Scheduled Associated Entries: 11/01/2022 - Hearing Held + Scheduled For: 11/01/2022; 9:00 AM; JERRY A HARMISON JR ; Greene
  12. <td></td><td></td><td></td>
  13. Motion Filed (Docketed on 10/28/2022 at 0858) Dft Bruce Dillards Motion for Permission to Speak with Judge Jerry A Harmison and Notice of Hearing as to its Motion. Set for 11/01/2022 at 09:00 AM. /jj
  14. Request for Records Filed (Docketed 10/26/22 at 2:18 pm) Dfts Reqeust for Transcript of hearing held 8/29/22 at 1:22 pm. /kj ***Emailed Clerk of Division 5 this date for audio recording of hearing. /kj*** Filed By: BRUCE DILLARD
  15. <td></td><td></td><td></td>
  16. Judgment Entered Formal Judgment filed 09/01/2022 entered as set out. Div 21/jm
  17. Tried by Court-Civil JUDGMENT SIGNED AND FILED. JAH/mks
  18. <td></td><td></td><td></td>
  19. Proposed Judmt/Dec Dis Filed Plts Proposed Judgment. Sent to DV21 on 08-31-2022 at 03:58pm/ke Filed By: CRAIG FREDERICK LOWTHER
  20. <td></td><td></td><td></td>
  21. Motion Granted/Sustained A HEARING WAS HELD ON THE RECORD ON PLAINTIFF'S ORAL MOTION TO ENFORCE A SETTLEMENT AGREEMENT. PLAINTIFF ATTORNEY HASKINS TESTIFIED HE SPOKE WITH DEFENDANT FOR 15-20 MINUTES LAST FRIDAY (8/26/2022) BY TELEPHONE. HASKINS RECITED THE THREE TERMS OF THE AGREEMENT AFTER NEGOTIATIONS WERE COMPLETE. SPECIFICALLY: (1) DEFENDANT WILL VACATE THE PROPERTY DESCRIBED IN THE PENDING PETITION WITHIN 60 DAYS, (2) DEFENDANT WILL DISMISS CASE 2231-SC00170 AND (3) PLAINTIFF WILL PROVIDE DEFENDANT WITH A KEY TO GRANDAD'S PROPERTY SO DEFENDANT CAN MOVE TO THE PROPERTY. HASKINS TESTIFIED THAT DEFENDANT SAID "YES, I AGREE." DEFENDANT THEN CORRECTED HASKINS AND ADMITTED HE ACTUALLY SAID "SOUNDS GOOD." HOWEVER, WHEN THE PARTIES APPEARED FOR COURT ON 8/29/2022 THE DEFENDANT WOULD NOT GO FORWARD WITH THE AGREEMENT. DEFENDANT TESTIFIED HE NEVER SHOOK HANDS OR STATED "DEAL" OR "I PROMISE YOU." THIS COURT FINDS THAT DEFENDANT'S ADMISSION THAT HE SAD "SOUNDS GOOD" AFTER HASKINS RECITED THE TERMS OF THE AGREEMENT CONSTITUTES A MEETING OF THE MINDS AND AN AGREEMENT WAS REACHED. THEREFORE, PLAINTIFF'S MOTION TO ENFORCE THE SETTLEMENT AGREEMENT IS SUSTAINED. PLAINTIFF'S ATTORNEY SHALL PROVIDE THIS COURT WITH A PROPOSED JUDGMENT FOR THIS CASE AND A DISMISSAL FOR CASE 2231-SC00170. NOTICE TO PARTIES. JAH/mks
  22. <td></td><td></td><td></td>
  23. Cause Taken Under Advisement PLAINTIFF BY ATTORNEY SCHARF. DEFENDANT IN PERSON. HEARING HELD ON THE RECORD ON PLAINTIFF'S ORAL MOTION TO ENFORCE SETTLEMENT AGREEMENT. COURT TAKES MOTION UNDER ADVISEMENT. JAH/mks Filed By: JERRY A HARMISON JR Associated Entries: 08/23/2022 - Bench Trial Scheduled Scheduled For: 08/29/2022; 1:30 PM; JERRY A HARMISON JR ; Greene
  24. <td></td><td></td><td></td>
  25. Bench Trial Scheduled Associated Entries: 08/29/2022 - Cause Taken Under Advisement + Scheduled For: 08/29/2022; 1:30 PM; JERRY A HARMISON JR ; Greene
  26. Hearing Held PLAINTIFF BY ATTORNEY BECK. DEFENDANT IN PERSON. TRIAL SET 8/29/22 AT 1:30 P.M. JAH/krf Associated Entries: 08/23/2022 - Bench Trial Scheduled Scheduled For: 08/29/2022; 1:30 PM; JERRY A HARMISON JR ; Greene
  27. Bench Trial Scheduled Associated Entries: 08/23/2022 - Hearing Held + Scheduled For: 08/29/2022; 1:30 PM; JERRY A HARMISON JR ; Greene
  28. Hearing Held PLAINTIFF BY ATTORNEY BECK. DEFENDANT IN PERSON. TRIAL SET 8/29/22 AT 1:30 P.M. JAH/krf Associated Entries: 08/08/2022 - Civil Setting Scheduled Scheduled For: 08/23/2022; 9:00 AM; JERRY A HARMISON JR ; Greene
  29. <td></td><td></td><td></td>
  30. Posted - Residence (Docketed 08-19-2022 at 12:44pm) Document ID - 22-SM51-2143; Served To - DOE (UNAUTHORIZED OCCUPANTS), LEE; Server - VOTAW, BRAD; Served Date - 12-AUG-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served; Service Text - Posted/ke
  31. Posted - Residence (Docketed 08-19-2022 at 12:44pm) Document ID - 22-SM51-2142; Served To - DILLARD, BRUCE; Server - VOTAW, BRAD; Served Date - 12-AUG-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served; Service Text - Posted/ke
  32. Notice of Service (Docketed 08-19-2022 at 12:44pm) Filed By: CRAIG FREDERICK LOWTHER
  33. Notice of Service (Docketed 08-19-2022 at 12:44pm) Filed By: CRAIG FREDERICK LOWTHER
  34. <td></td><td></td><td></td>
  35. Order - Special Process Server Amended Order for Appointment of Special Process Server signed and filed./ar
  36. <td></td><td></td><td></td>
  37. Motion Special Process Server (Docketed 08-10-2022 at 09:18 AM) Plts Amended Request for Appointment of Special Process Server./ar Filed By: CRAIG FREDERICK LOWTHER On Behalf Of: DILLARD IRREVOCABLE TRUST
  38. <td></td><td></td><td></td>
  39. Certificate of Service Plts Certificate of Service (Summons by Posting and Mailing Service)/ke Filed By: CRAIG FREDERICK LOWTHER On Behalf Of: PHILLIP DILLARD
  40. Summons Issued-Landlord/Tenant Document ID: 22-SM51-2143, for DOE (UNAUTHORIZED OCCUPANTS), LEE. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./ke
  41. Summons Issued-Landlord/Tenant Document ID: 22-SM51-2142, for DILLARD, BRUCE. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./ke
  42. Summons Issued-Landlord/Tenant Document ID: 22-SMLT-2641, for DOE (UNAUTHORIZED OCCUPANTS), LEE. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./ke
  43. Summons Issued-Landlord/Tenant Document ID: 22-SMLT-2640, for DILLARD, BRUCE. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./ke
  44. Order - Special Process Server Order Appointing Special Process Server signed and filed/ke **Accepted in error with the incorrect Plt listed. Attys office to file new request with correct plt listed/ke**
  45. Civil Setting Scheduled Associated Entries: 08/23/2022 - Hearing Held + Scheduled For: 08/23/2022; 9:00 AM; JERRY A HARMISON JR ; Greene
  46. <td></td><td></td><td></td>
  47. Filing Info Sheet eFiling Filed By: CRAIG FREDERICK LOWTHER
  48. Note to Clerk eFiling Filed By: CRAIG FREDERICK LOWTHER
  49. Motion to Post Summons Plts Motion to Post Summons/ke Filed By: CRAIG FREDERICK LOWTHER
  50. Motion Special Process Server Plts Request for Appointment of Special Process Server/ke Filed By: CRAIG FREDERICK LOWTHER
  51. Pet Filed in Associate Ct Plts Petition; Exhibit A; Exhibit B; Exhibit C; Exhibit D./ke Filed By: CRAIG FREDERICK LOWTHER

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