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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-08-30
Type Ac Unlawful Detainer
Docket 32 entries
Disposition tried by court-civil

Parties

Plaintiff Wiggins, Frank Perry
Defendant Jordan, Chris|Beaver, Clinton
Photo of Hon. Devoy William P

Judge

Hon. Devoy William P

Carroll County (MO)

Missouri

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Docket Entries

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  2. Judge/Clerk - Note Summons issued and forwarded to LCSD along with fee for service. Notice of hearing mailed to Plaintiff.
  3. Summons Issued-Unlawful Detain Document ID: 24-SOUD-21, for BEAVER, CLINTON.
  4. Summons Issued-Unlawful Detain Document ID: 24-SOUD-20, for JORDAN, CHRIS.
  5. Hearing Scheduled Scheduled For: 09/24/2024; 9:00 AM; WILLIAM P. DEVOY; Linn
  6. Redaction Certification Filed Filed By: FRANK PERRY WIGGINS
  7. Pet Filed in Associate Ct Filed By: FRANK PERRY WIGGINS
  8. Confid Filing Info Sheet Filed
  10. orrespondence Filed
  12. udge/Clerk - Note Exhibits returned to Plaintiff by mail. sm
  14. xecution/Garnishment Issued This is garnishment 24-EXEC-6 for CHRIS JORDAN; Copy sent to LCSD for service and Plaintiff instructed to contact LCSD to pay service fee.
  15. rit Requested
  16. udge/Clerk - Note Notice of Entry Order sent to both parties.
  17. rder The Court is in receipt of Defendant's request to set aside its Judgment entered September 24, 2024. The Court notes that the matter was taken up pursuant to Chapter 534 RSMo. as an unlawful detainer action. Pursuant to said Chapter, the Court was to set a court date not more than twenty-one business days from the date the summons was issued unless plaintiff consents in writing to a later date (§ 534.070 RSMo.). The Summons in this case was issued on August 30, 2024 with a court date set for certain on September 24, 2024 a date within 21 business days from the date the summons was issued. The Court informed Plaintiff of Defendant's request for continuance and Plaintiff objected to the Defendant's request. The Court further notes that in Defendant's request for continuance, Defendant did not propose an alternate date within twenty-one business days from the date the summons was issued. While the Court is sympathetic to Defendant's circumstances, considering the limitations set out in § 534.070 RSMo, the Court declines to set aside its previously entered judgment. WPD Filed By: WILLIAM P. DEVOY
  18. equest Filed SET ASIDE JUDGMENT Filed By: CHRIS JORDAN
  19. udgment Entered Copy of Judgment mailed to parties.
  20. ried by Court-Civil
  21. rder After having given further consideration to the evidence presented and the pleadings the Court makes the following findings: Plaintiff and his spouse, Mary Wiggins who is not a party to this case, are the owners of the property at 328 E. Chicago, Marceline, Missouri and entered into a lease agreement with Defendant and his spouse, Keri Jordan who is not a party to this case and that said lease was dated November 1, 2024. That on July 29, 2024, Plaintiff terminated the lease agreement due to Defendant's breach for non-payment of rent and that Defendant was notified by written notice delivered to Defendant's spouse while Defendant was present though Defendant refused to accept a copy of the notice. There was much testimony regarding Defendant's failure to make lease payments as provided in the lease, however, the Petition makes no mention nor prays for judgment for unpaid rent. The Court is therefore limited by Plaintiff's petition in considering a judgment of possession and costs of the action. The Court therefore Grant's Petitioner a Judgment of Possession of the Property against Defendant Chris Jordan and assess the Costs of the action against Defendant and in favor of Plaintiff. WPD Filed By: WILLIAM P. DEVOY
  22. rder Plaintiff appears in person. Defendant appears not but makes verbal request for continuance on date of hearing. Given that matters related to unlawful detainer are to be given special priority on the court's docket by statute, the court denies Defendant's Motion for Continuance. Petitioner dismisses as to Defendant Clinton Beaver. Hearing held. Court takes matter under advisement and will issue Judgment from chambers. WPD Filed By: WILLIAM P. DEVOY
  23. earing Held Associated Entries: 08/30/2024 - Hearing Scheduled Scheduled For: 09/24/2024; 9:00 AM; WILLIAM P. DEVOY; Linn
  24. ummons Personally Served Document ID - 24-SOUD-20; Served To - CHRIS JORDAN; Served Date - 09/19/2024; Served Time - 17:40:00; Service Type - SD; Reason Description - SERV; Service Text -
  25. ummons Returned Non-Est Document ID - 24-SOUD-21; Served To - CLINTON BEAVER; Served Date - 09/20/2024; Served Time - 11:27:08; Service Type - SD; Reason Description - NEST; Service Text -
  26. udge/Clerk - Note Summons issued and forwarded to LCSD along with fee for service. Notice of hearing mailed to Plaintiff.
  27. ummons Issued-Unlawful Detain Document ID: 24-SOUD-21, for BEAVER, CLINTON.
  28. ummons Issued-Unlawful Detain Document ID: 24-SOUD-20, for JORDAN, CHRIS.
  29. earing Scheduled Associated Entries: 09/24/2024 - Hearing Held Scheduled For: 09/24/2024; 9:00 AM; WILLIAM P. DEVOY; Linn
  30. edaction Certification Filed Filed By: FRANK PERRY WIGGINS
  31. et Filed in Associate Ct Filed By: FRANK PERRY WIGGINS
  32. onfid Filing Info Sheet Filed

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