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Case Information

Filed 2024-01-31
Type Cc Breach Of Contract
Docket 48 entries
Disposition default judgment

Parties

Plaintiff Fischer Concrete Serices, Llc|Marshall, Richard Bryant
Defendant Mcwilliams, Ian|Mcwilliams, Kevin
Photo of Hon. Mittelhauser Jeff A

Judge

Hon. Mittelhauser Jeff A

Benton County (MO)

Missouri

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Lawyers

Docket Entries

  1. et Filed in Circuit Ct PETITION. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  2. udge/Clerk - Note Clerk notes an order was entered on this case on 5-16-24 that does not belong in this file. Order moved to case number 24PT-CC00004. (38)
  3. atisfaction of Judgment Filed Satisfaction And Release of Judgment; Electronic Filing Certificate of Service. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  4. udge/Clerk - Note Case cannot be dismissed as Judgment was entered 5-15-24. (38)
  5. roposed Order Filed Proposed Order of Dismissal With Prejudice; Electronic Filing Certificate of Service. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  6. otice NOTICE OF DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS; Electronic Filing Certificate of Service. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  7. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: WESLEY DAVID HILTON On Behalf Of: IAN MCWILLIAMS, KEVIN MCWILLIAMS
  8. udge/Clerk - Note Certified copy of Pettis County Judgment attached for attorney filing in Henry County. (16)
  9. udge/Clerk - Note It has been brought to the clerk's attention on this date that a copy of a judgment from another case was incorrectly filed in this case. Therefore, the clerk note entered 8-30-2024 and incorrect copy of Judgment attached to said note has been removed. (16)
  10. ote to Clerk eFiling Filed By: RICHARD BRYANT MARSHALL
  11. eq for Transcript Judgment Request For Transcribed Judgment. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  12. nsrs to Interrogatories Filed Garnishment/Execution Number 24-GARN-640; Garnishee Adrian Bank. (10)
  13. arnishment Returned Served Document ID - 24-GARN-640; Served To - ADRIAN BANK; Server - SO BATES COUNTY-BUTLER; Served Date - 17-JUN-24; Served Time - 12:15:00; Service Type - Sheriff Department; Reason Description - Served
  14. arn Release/Return/Recall Return on Garnishment/Execution Number 24-GARN-640 (Adrian Bank).
  15. arnishment Paid to Attorney
  16. xecution/Garnishment Issued This is garnishment 24-GARN-640 for IAN MCWILLIAMS; returnable date: 21-JUN-2024; Garnishee: ADRIAN BANK
  17. nterrogatories Filed Interrogatories to Garnishee. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  18. equest for Execution/Garnish Garnishment Application and proposed Order. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  19. udge/Clerk - Note ****Order previously entered in this case removed. Filed in incorrect file.*****
  20. efault Judgment
  21. udgment Entered IT IS THEREFORE CONSIDERED AND ORDERED that Fischer Concrete Services, LLC is awarded judgment by default against Ian McWilliams and Kevin McWilliams, jointly and severally, in the principal amount of $51,711.50, plus prejudgment interest at the rate of 9% per annum from the date of each unpaid invoice until judgment and judgment interest thereon at the rate of 9% per annum. JM (38)
  22. udgment Entered IT IS THEREFORE CONSIDERED AND ORDERED that Fischer Concrete Services, LLC is awarded judgment by default against Ian McWilliams and Kevin McWilliams, jointly and severally, in the principal amount of $51,711.50, plus prejudgment interest at the rate of 9% per annum from the date of each unpaid invoice until judgment and judgment interest thereon at the rate of 9% per annum. JM (38)
  23. rder Having considered the verified pleadings and the evidence, the court now finds issues in favor of Plaintiff and enters written judgment accordingly. JM (38)
  24. ause Taken Under Advisement
  25. earing Held Plaintiff is in court by attorney Jeff Dull. No other party appears. Motion for Default Judgment is taken up. Court takes matter under advisement. JM (4) Associated Entries: 04/04/2024 - Hearing Scheduled Scheduled For: 05/14/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  26. roposed Judmt/Dec Dis Filed Proposed Default Judgment. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  27. udge/Clerk - Note The hearing currently scheduled for May 14, 2024, at 9:00 a.m. is scheduled for in-person appearance. (38)
  28. otion for Default Judgment Amended Motion For Default Judgment, For Award Of Costs And Attorneys Fees And Request For Webex Hearing. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  29. earing Scheduled Associated Entries: 05/14/2024 - Hearing Held + Scheduled For: 05/14/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  30. ote to Clerk eFiling Filed By: RICHARD BRYANT MARSHALL
  31. equest for Hearing Letter to Judge Mittelhauser. Forwarded to Judge via shared email for consideration. (38) Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  32. roposed Judmt/Dec Dis Filed Proposed Default Judgment. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  33. otion for Default Judgment Motion For Default Judgment. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  34. amily Member/Roommate Served Document ID - 24-SMCC-22; Served To - KEVIN MCWILLIAMS; Served Date - 02/15/2024; Served Time - 13:14:00; Service Type - SD; Reason Description - SERV; Service Text -
  35. amily Member/Roommate Served Document ID - 24-SMCC-21; Served To - IAN MCWILLIAMS; Served Date - 02/15/2024; Served Time - 13:14:00; Service Type - SD; Reason Description - SERV; Service Text -
  36. otice of Service Summons in Civil Case K. McWilliams. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  37. otice of Service Summons in Civil Case I. McWilliams. Filed By: RICHARD BRYANT MARSHALL On Behalf Of: FISCHER CONCRETE SERVICES, LLC
  38. ummons Issued-Circuit Document ID: 24-SMCC-22, for MCWILLIAMS, KEVIN
  39. ummons Issued-Circuit Document ID: 24-SMCC-21, for MCWILLIAMS, IAN
  40. iling Info Sheet eFiling Filed By: RICHARD BRYANT MARSHALL

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