DM & O Enterprises, Inc. v. Banner

Missouri Court of Appeals

DM & O Enterprises, Inc. v. Banner

216 S.W.3d 701, 2007 Mo. App. LEXIS 420, 2007 WL 737622

Missouri Court of Appeals·Decided March 13, 2007·No. No. WD 67025·Published

Opinion

ORDER

Jerry Banner (“Banner”) appeals the judgment entered in favor of DM & O Enterprises (“DM & O”) on its breach of contract claim. Banner’s sole argument is that DM <& O improperly split its causes of action by first obtaining a judgment against Midwest Energy Systems, LLC, and then, filing a separate action against Banner d/b/a Midwest Energy Systems. He also argues that the doctrine of res judicata precludes the second action against him. Because we find that Midwest Energy Systems, LLC and Banner d/b/a Midwest Energy Systems are neither the same party nor in legal privity, we affirm. Rule 84.16(b).

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

Jerry Banner (“Banner”) appeals the judgment entered in favor of DM & O Enterprises (“DM & O”) on its breach of contract claim. Banner’s sole argument is that DM <& O improperly split its causes of action by first obtaining a judgment against Midwest Energy Systems, LLC, and then, filing a separate action against Banner d/b/a Midwest Energy Systems. He also argues that the doctrine of res judicata precludes the second action against him. Because we find that Midwest Energy Systems, LLC and Banner d/b/a Midwest Energy Systems are neither the same party nor in legal privity, we affirm. Rule 84.16(b).

DM & O Enterprises, Inc. v. Banner, 216 S.W.3d 701, 2007 Mo. App. LEXIS 420, 2007 WL 737622 (Mo. Ct. App. 2007).

Pincite

216 S.W.3d 701 (DM & O Enterprises, Inc. v. Banner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.