face and without exception (Missouri) · Go Syfert
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face and without exception in Missouri

14 Missouri opinions name it 1 courts 1995–2024 1 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Braun v. Pettygreen
moctapp · 2000 · cited in 5 Missouri opinions naming this issue, 2004–2013
2 sentences

2009A petition may not be dismissed for violating the statute of limitations “unless it is clearly established on the petition’s face and without exception that the cause of action is time barred.” Braun v. Petty, 31 S.W.3d 521, 523 (Mo.App.

2008A petition may not be dismissed for violating the statute of limitations “unless it is clearly established on the petition’s face and without exception that the cause of action is time barred.” Braun v. Petty, 31 S.W.3d 521, 523 (Mo.App.

45
Hrb v. Jlggreen
moctapp · 1995 · cited in 2 Missouri opinions naming this issue, 1998–1998
2 sentences

1998H.R.B. v. J.L.G., 913 S.W.2d 92, 96 (Mo.App.1995).

1998H.R.B. v. J.L.G., 913 S.W.2d 92, 96 (Mo.App.1995).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Community Title Co. v. U.S. Title Guaranty Co. green
moctapp · 1998
2 sentences

2014“If the statute of limitations is raised as an affirmative defense, the trial court may not dismiss the petition unless it is clearly established, on the petition’s face and without exception, that the cause of action is barred.” Community Title Co., 965 S.W.2d at 250 . 3 All statutory references are to RSMo 2012. 7 Here, the Post did not file an answer to the Estate’s Petition but instead filed two motions to dismiss.

2014“If the statute of limitations is raised as an affirmative defense, the trial court may not dismiss the petition unless it is clearly established, on the petition’s face and without exception, that the cause of action is barred.” Community Title Co., 965 S.W.2d at 250 .

22014–2014
Sheehan v. Sheehan green
mo · 1995
2 sentences

1995Id. at 59 .

1995Id. at 59 .

21995–1995
Basye v. Fayette R-III School District Board of Education green
moctapp · 2004
1 sentence

2024To succeed on a motion to dismiss on the affirmative defense of a statute of limitations, it must clearly be established "on the petition's face and without exception that the cause of action is time barred." Id.

12024–2024
State v. Horn green
moctapp · 1999
1 sentence

2000Id.

12000–2000
City of Ellisville v. Lohman green
moctapp · 1998
1 sentence

1999Id.

11999–1999

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 516.120 (8) MO § Mo. Rev. Stat. § 516.100 (4) MO § Mo. Rev. Stat. § 516.010 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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