Fortner v. Fleetwood Homes of Tennessee Inc.

Missouri Court of Appeals

Fortner v. Fleetwood Homes of Tennessee Inc.

176 S.W.3d 149, 2005 Mo. App. LEXIS 1578, 2005 WL 2858107

CourtMissouri Court of Appeals

DecidedNovember 1, 2005

DocketNo. WD 65126

StatusPublished

This text of 176 S.W.3d 149 (Fortner v. Fleetwood Homes of Tennessee Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fortner v. Fleetwood Homes of Tennessee Inc., 176 S.W.3d 149, 2005 Mo. App. LEXIS 1578, 2005 WL 2858107 (Mo. Ct. App. 2005).

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Opinion

RONALD R. HOLLIGER, Presiding Judge.

Nick Fortner (Fortner) appeals from a summary judgment in favor of Fleetwood Homes of Tennessee, Inc. (Fleetwood). Fortner contends that there are controverted material facts that prevent summary judgment. We dismiss the appeal because it is moot. In a separate proceeding this court has granted a writ of prohibition finding that the case had been properly dismissed while the summary judgment motion was pending and, therefore, the trial court had no jurisdiction to rule upon the summary judgment motion. State ex rel. Fortner v. Rolf, WD 64974, — S.W.3d -, 2005 WL 2397226 (September 30, 2005). Because this appeal is on the merits of that motion, it is now moot.

Appeal dismissed.

ROBERT G. ULRICH, Judge, and JOSEPH M. ELLIS, Judge, concur.

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RONALD R. HOLLIGER, Presiding Judge.

Nick Fortner (Fortner) appeals from a summary judgment in favor of Fleetwood Homes of Tennessee, Inc. (Fleetwood). Fortner contends that there are controverted material facts that prevent summary judgment. We dismiss the appeal because it is moot. In a separate proceeding this court has granted a writ of prohibition finding that the case had been properly dismissed while the summary judgment motion was pending and, therefore, the trial court had no jurisdiction to rule upon the summary judgment motion. State ex rel. Fortner v. Rolf, WD 64974, — S.W.3d -, 2005 WL 2397226 (September 30, 2005). Because this appeal is on the merits of that motion, it is now moot.

Appeal dismissed.

ROBERT G. ULRICH, Judge, and JOSEPH M. ELLIS, Judge, concur.

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Bluebook (online)

176 S.W.3d 149, 2005 Mo. App. LEXIS 1578, 2005 WL 2858107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fortner-v-fleetwood-homes-of-tennessee-inc-moctapp-2005.

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