Applied Bank v. Wenzlick
2011 Mo. App. LEXIS 588
| Mo. Ct. App. | 2011Background
- Bank filed a breach of contract action against Wenzlick on December 10, 2009 related to credit card usage.
- Bank voluntarily dismissed the action without prejudice on June 16, 2010.
- On June 21, 2010, the trial court sua sponte set aside the dismissal and ordered the case dismissed with prejudice.
- Bank appealed, asserting the trial court lacked jurisdiction to set aside the dismissal and enter judgment.
- Rule 67.02(a)(2) allows voluntary dismissal before evidence at trial, effective on filing and as if the suit never were filed, depriving the trial court of jurisdiction post-dismissal.
- Appellate court held all trial court orders entered after June 16, 2010 null and remanded to vacate those orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to set aside the voluntary dismissal and enter judgment. | Wenzlick argues the court lacked jurisdiction after dismissal. | Wenzlick contends the court had authority to proceed post-dismissal. | Trial court lacked jurisdiction; orders after dismissal were null; reversal and remand. |
Key Cases Cited
- Peachtree Apartments v. Pallo, 317 S.W.3d 189 (Mo.App. E.D.2010) (voluntary dismissal terminates the case and removes jurisdiction)
- Richter v. Union Pacific R. Co., 265 S.W.3d 294 (Mo.App. E.D.2008) (post-dismissal effects; case as if never filed)
- Grady v. Amrep, Inc., 139 S.W.3d 585 (Mo.App. E.D.2004) (post-dismissal nullity of subsequent trial court actions)
- Brown v. MO Delta Medical Center, 293 S.W.3d 28 (Mo.App. S.D.2009) (post-dismissal jurisdictional implications)
- In re Estate of Shaw, 256 S.W.3d 72 (Mo. banc 2008) (appellate review of invalid trial court judgments when trial lacked jurisdiction)