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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-05-07
Type Cc Quiet Title
Docket 22 entries
Disposition default judgment

Parties

Plaintiff City Of Springfield|Mcdonald, Duke Alan
Defendant Abbott, Edward
Photo of Hon. Christensen, Joshua Boyd

Judge

Hon. Christensen, Joshua Boyd

Missouri

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Lawyers

Docket Entries

  2. Certificate of Mailing Completed request for certified copies mailed via USPS City of Springfield Attorney this date. /tlb
  3. Request for Records Filed Request for Certified Copy of Judgment. /tlb Filed By: DUKE ALAN MCDONALD On Behalf Of: CITY OF SPRINGFIELD
  4. Default Judgment
  5. Judgment Entered Quiet-Title Judgment entered. JBC/lnp
  6. Hearing Held Plaintiff by atty McDonald. No other appearances. Quiet-Title Judgment entered. JBC/lnp Associated Entries: 11/15/2024 - Motion Hearing Scheduled Scheduled For: 12/03/2024; 9:00 AM; JOSHUA BOYD CHRISTENSEN; Greene
  7. Proposed Judmt/Dec Dis Filed Proposed Quiet Title Judgment. /lnp Filed By: DUKE ALAN MCDONALD On Behalf Of: CITY OF SPRINGFIELD
  8. Motion Hearing Scheduled Associated Entries: 12/03/2024 - Hearing Held + Scheduled For: 12/03/2024; 9:00 AM; JOSHUA BOYD CHRISTENSEN; Greene
  9. Notice of Hearing Filed (Docketed on 11/15/2024 at 0919) Notice of Hearing. set for December 3rd, 2024 / hw Filed By: DUKE ALAN MCDONALD On Behalf Of: CITY OF SPRINGFIELD
  10. Return Service - Other Document ID - 24-NOSP-126; Served To - EDWARD ABBOTT; Server - DAILY EVENTS; Served Date - 10/28/2024; Served Time - 08:48:00; Service Type - PB; Reason Description - SERV; Service Text -Published 10/7, 14, 21, 28, 2024 (M) /am
  11. Returned Mail-Undeliverable (Docketed 10/11/24 at 1225) First Class Mail returned as to dft Edward Abbott (Return to sender, Not deliverable as addressed, Unable to forward), per notification by the Post Office./kj
  12. Not Ord for Serv by Pub Issued Document ID: 24-NOSP-126, for ABBOTT, EDWARD Notice Upon Order for Service by Publication issued and delivered to Daily Events with check attached. /jj ***Petition (w/Exhibits), Order for Service by Publication, Service by Publication Affidavit, and Notice Upon Order for Service by Publication mailed to Dft Edward Abbott at last known address at: 7317 W Farm Rd 22 Willard MO 65781. /jj ***
  13. Order of Publication Order for Service by Publication entered and filed. /jj
  14. Order Order for Service by Publication entered. Case forwarded to Circuit Clerk's Office for further processing. JBC/lnp
  15. Affd for Serv by Publication (Docketed on 09/23/2024 at 0840) Plaintiffs Service By Publication Affidavit. /jj Filed By: DUKE ALAN MCDONALD On Behalf Of: CITY OF SPRINGFIELD
  16. Order Court is in receipt of Plaintiff's Service-by-Publication Affidavit seeking leave to serve Defendant Edward Abbott by publication. For a defendant whose identity is known, Rule 54.12(c)(2)(A) requires a statement of "facts showing with particularity that a reasonable effort was made to obtain service under Rule 54.12(b), Rule 54.13, Rule 54.14, or Rule 54.16." The affidavit merely recites a single failed attempt at service (of an expired summons) with no "facts showing with particularity" the reasonableness of efforts at locating and serving the defendant. The generic and conclusory assertions in the affidavit are insufficient considering the requirement that an "honest and reasonable effort be made to locate a defendant for personal service before service by publication may be utilized." Rosemann v. Rosemann, 349 S.W.3d 468, 472 (Mo. App. 2011). An affidavit seeking service by publication should provide evidence that a Plaintiff has made "serious efforts to locate" a defendant before resort to publication. Id. The Court invites any request to reconsider this ruling upon a showing of legal authority from Plaintiff's counsel in support of its request if made within 30 days. Otherwise, a renewed request for service by publication may be made following further good-faith efforts to effect service (under these circumstances, those should also include an attempt under Rule 54.16) and an affidavit meeting the requirements of Rule 54.12(c)(2)(A). JBC/lnp
  17. Note to Clerk eFiling Filed By: DUKE ALAN MCDONALD
  18. Proposed Order Filed (Docketed on 07/16/2024 at 1100) Proposed Order for Service by Publication. Proposed Order for Service by Publication to be sent to Court upon receipt of $125.00 publication fee. /jj ***Publication fee received. Proposed Order for Service by Publication sent to Division 6 on 07/30/2024 at 1444. /jj *** Filed By: DUKE ALAN MCDONALD On Behalf Of: CITY OF SPRINGFIELD
  19. Affd for Serv by Publication (Docketed on 07/16/2024 at 1100) Plaintiffs Service By Publication Affidavit. /jj Filed By: DUKE ALAN MCDONALD On Behalf Of: CITY OF SPRINGFIELD
  20. Summons Returned Non-Est Document ID - 24-SMCC-1267; Served To - EDWARD ABBOTT; Server - GREENE COUNTY SHERIFF; Served Date - 06/12/2024; Served Time - 15:33:50; Service Type - SD; Reason Description - NEST; Service Text -Non-Est, address vacant./bm
  21. Summons Issued-Circuit Document ID: 24-SMCC-1267, for ABBOTT, EDWARD Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./kj
  22. Filing Info Sheet eFiling

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