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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-07-26
Type Cc Breach Of Contract
Docket 51 entries
Disposition dismiss

Parties

Plaintiff Wissman, Joseph
Defendant Mclain, Donna|Rolwing, Gretta G|Mclain, Jesse
Photo of Hon. Lewis Benjamin Frederick

Judge

Hon. Lewis Benjamin Frederick

Bollinger County (MO)

Missouri

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Lawyers

Docket Entries

  2. ckn Notice of Appeal Filed ED113400
  4. ertfctn Del of Notc of Appeal Emailed to Missouri Court of Appeals Eastern District on today's date
  5. ppeal Costs Taxed
  6. otice of Appeal Filed
  8. earing/Trial Cancelled Associated Entries: 03/03/2025 - Case Review Scheduled + Scheduled For: 04/07/2025; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  10. rder - Denied
  11. ase Review Scheduled Entry of Judgment Associated Entries: 03/04/2025 - Hearing/Trial Cancelled Scheduled For: 04/07/2025; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  12. ase Review Held Plaintiff appears in person and Pro se. Defendants appear by John Steffens, attorney. Associated Entries: 02/03/2025 - Case Review Scheduled Scheduled For: 03/03/2025; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  14. mended Motion/Petition Filed Filed By: JOSEPH WISSMAN
  16. orrespondence Filed Filed By: JOSEPH WISSMAN
  18. ase Review Scheduled Associated Entries: 03/03/2025 - Case Review Held + Scheduled For: 03/03/2025; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  19. otion Hearing Held Plaintiff appears in person and Pro se. Defendant appears by John Steffens, attorney. Argument is presented and by the Court considered. Cause taken under advisement at this time. Associated Entries: 12/05/2024 - Motion Hearing Scheduled Scheduled For: 02/03/2025; 1:30 PM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  21. otion Granted/Sustained Associated Entries: 01/27/2025 - Motion to Withdraw +
  23. roposed Order Filed Proposed Order; Electronic Filing Certificate of Service. Filed By: JOHN CHRISTIAN STEFFENS
  24. emorandum Filed Defendants Memorandum in Opposition to Plaintiffs Motion to Vacate Order of Dismissal and Leave to Amend Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: JOHN CHRISTIAN STEFFENS
  25. otion to Withdraw Motion for Leave to Withdraw; Electronic Filing Certificate of Service. Filed By: ALAN M CARVER Associated Entries: 01/31/2025 - Motion Granted/Sustained
  26. udge Assigned Cause assigned to Circuit Judge, Division II, following the retirement of Judge Benjamin F. Lewis
  27. otion Hearing Scheduled Associated Entries: 02/03/2025 - Motion Hearing Held + Scheduled For: 02/03/2025; 1:30 PM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  28. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ALAN M CARVER On Behalf Of: JOSEPH WISSMAN
  29. otion Filed Motion to Vacate and Leave to Amend Petition; Electronic Filing Certificate of Service. Filed By: ALAN M CARVER On Behalf Of: JOSEPH WISSMAN
  30. ismiss by Ct w/ Prejudice
  31. rder of Dismissal JUDGMENT AND ORDER ON DEFENDANTS' MOTION TO DISMISS On this 24th day of October, 2024, the Court, having heard and considered the arguments of the parties and having read and considered their memoranda, sustains Defendant's motion to dismiss Plaintiff's petition. Plaintiff's petition fails to state a claim upon which relief can be granted and it cannot be amended to state a claim upon which relief can be granted. Plaintiff's petition is therefore dismissed with prejudice at Plaintiff's cost. SO ORDERED /s/ Benjamin F Lewis, Division II Associated Entries: 08/22/2024 - Motion to Dismiss +
  32. earing/Trial Cancelled Associated Entries: 10/07/2024 - Case Review Scheduled Scheduled For: 11/04/2024; 9:00 AM; BENJAMIN FREDERICK LEWIS; Cape Girardeau (Jackson)
  33. roposed Order Filed Proposed Order - Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: GRETTA G ROLWING On Behalf Of: DONNA MCLAIN, JESSE MCLAIN
  34. ase Review Scheduled Associated Entries: 10/24/2024 - Hearing/Trial Cancelled Scheduled For: 11/04/2024; 9:00 AM; BENJAMIN FREDERICK LEWIS; Cape Girardeau (Jackson)
  35. otion Hearing Held Plaintiff appears in person and by Alan Carver, attorney. Argument is presented and by the Court considered. Cause taken under advisement at this time. Associated Entries: 08/26/2024 - Motion Hearing Scheduled Scheduled For: 10/07/2024; 1:30 PM; BENJAMIN FREDERICK LEWIS; Cape Girardeau (Jackson)
  36. otion Hearing Scheduled Associated Entries: 10/07/2024 - Motion Hearing Held + Scheduled For: 10/07/2024; 1:30 PM; BENJAMIN FREDERICK LEWIS; Cape Girardeau (Jackson)
  37. earing/Trial Cancelled Associated Entries: 07/29/2024 - Case Review Scheduled Scheduled For: 11/04/2024; 9:00 AM; BENJAMIN FREDERICK LEWIS; Cape Girardeau (Jackson)
  38. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JOHN CHRISTIAN STEFFENS On Behalf Of: DONNA MCLAIN, JESSE MCLAIN
  39. emorandum Filed Memorandum in Support of Motion to Dismiss; Exhibit A; Electronic Filing Certificate of Service. Filed By: JOHN CHRISTIAN STEFFENS On Behalf Of: DONNA MCLAIN, JESSE MCLAIN
  40. otion to Dismiss Defendants Motion to Dismiss Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: JOHN CHRISTIAN STEFFENS On Behalf Of: DONNA MCLAIN, JESSE MCLAIN Associated Entries: 10/24/2024 - Order of Dismissal +
  41. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: GRETTA G ROLWING On Behalf Of: DONNA MCLAIN, JESSE MCLAIN
  42. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: JOHN CHRISTIAN STEFFENS On Behalf Of: DONNA MCLAIN, JESSE MCLAIN
  43. udge/Clerk - Note Per 57.280 RSMo, a $10 Sheriff's Deputy Salary Supplementation Surcharge has been added to case since Affidavit was not filed verifying that payment was made to Sheriff's department nor was payment collected at the Circuit Clerk's office.
  44. ummons Personally Served Document ID - 24-SMCC-496; Served To - JESSE MCLAIN; Served Date - 07/29/2024; Served Time - 08:06:37; Service Type - SP; Reason Description - SERV; Service Text -
  45. amily Member/Roommate Served Document ID - 24-SMCC-495; Served To - DONNA MCLAIN; Served Date - 07/29/2024; Served Time - 08:05:56; Service Type - SP; Reason Description - SERV; Service Text -Served to Jesse McLain - Husband
  46. otice of Service Return Summons. Filed By: ALAN M CARVER On Behalf Of: JOSEPH WISSMAN
  47. otice of Service Return Summons. Filed By: ALAN M CARVER On Behalf Of: JOSEPH WISSMAN
  48. ummons Issued-Circuit Document ID: 24-SMCC-496, for MCLAIN, JESSE
  49. ummons Issued-Circuit Document ID: 24-SMCC-495, for MCLAIN, DONNA
  50. ase Review Scheduled Associated Entries: 08/26/2024 - Hearing/Trial Cancelled Scheduled For: 11/04/2024; 9:00 AM; BENJAMIN FREDERICK LEWIS; Cape Girardeau (Jackson)
  51. iling Info Sheet eFiling Filed By: ALAN M CARVER

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