[Download] "Duckett Creek Sewer District V." by Eastern District, Division Four Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: Duckett Creek Sewer District V.
- Author : Eastern District, Division Four Court of Appeals of Missouri
- Release Date : January 08, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Defendant, Victor Foods, Inc., appeals from an October 31, 1995, order which found: (1) the lawsuit, Duckett Creek Sewer District v. Westerfield Development Corporation, McDonnell-Douglas Corporation and Victor Foods, Inc., had been dismissed on May 31, 1995; (2) an order on June 28, 1995, which purported to remove the case from the May 31, 1995, dismissal docket but did not set aside the dismissal, was ineffective to reinstate the case; and (3) the May 31, 1995, dismissal was a final judgment which the trial court lost jurisdiction to set aside after June 30, 1995. During the pendency of this appeal, Victor Foods refiled its claims to avoid a statute of limitations problem. On February 9, 1987, Duckett Creek Sewer District (DCSD) filed suit seeking a declaratory judgment against Westerfield Development Corporation (Westerfield), McDonnell-Douglas Corporation (McDonnell-Douglas) and Victor Foods, Inc. (Victor Foods). DCSD wanted a declaration of rights and obligations regarding the legal status of a sewer lateral constructed by McDonnell-Douglas and Westerfield. Victor Foods filed counterclaims against DCSD and cross-claims against McDonnell-Douglas and Westerfield. During 1987 and 1988, other counterclaims, cross-claims and answers were filed and additional parties added.