Hutcheson v. Electronic Data Access Technologies, Inc., 327 S.W.3d 622

Hutcheson was demoted from vice president in May 2007 and discharged in August 2007 by EDAT without stated reasons.
Hutcheson filed a Missouri Human Rights Act discrimination charge on September 24, 2007; right-to-sue notice issued January 24, 2008.
A second discrimination charge alleging retaliation was filed December 29, 2007; right-to-sue notice issued February 13, 2008.
Hutcheson sued EDAT and several officers on March 20, 2008 under MHRA, asserting disability-based demotion/discharge and related claims.
Case stayed from November 20, 2008 due to EDAT bankruptcy; resume permitted August 27, 2009; case reviews occurred through March 8, 2010.
On March 8, 2010, the court dismissed the case for failure to prosecute without prejudice; Hutcheson sought to vacate; appeal ensued.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Dismissal without prejudice barred by MHRA filing window	Hutcheson cannot re-file due to MHRA limitations.	Dismissal without prejudice is permissible where timely prosecution exists.	Dismissal without prejudice reversed; due process requires notice and opportunity to be heard because re-filing is barred by MHRA.
Denial of motion to vacate without a hearing	Unopposed motion to vacate should be granted given diligent prosecution.	No hearing required; ruling stands on discretion.	Moot due to ruling on issue 1; not separately addressed.

Snelling v. Beck, 207 S.W.3d 202 (Mo.App. E.D.2006) (abuse of discretion in dismissal for failure to prosecute; need notice for prejudicial dismissal)
State ex rel. Willens v. Gray, 757 S.W.2d 656 (Mo.App. W.D.1988) (due process concerns in prejudicial dismissals with notice and hearing)
Osuji v. Missouri Dept. of Social Services, 34 S.W.3d 251 (Mo.App. E.D.2000) (dismissals without prejudice generally not final judgments; exceptions apply)
O'Brien v. Blackwell-Baldwin, Inc., 819 S.W.2d 417 (Mo.App. S.D.1991) (MHRA limitations and time to file under statute 213.111.1)