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Missouri Revised Statutes

Mo. Rev. Stat. § 510.170 (2026)

Dismissal of plaintiff's action not to affect counterclaim or cross-claim

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  510.170.  Dismissal of plaintiff's action not to affect counterclaim or cross-claim. — No dismissal, voluntary or involuntary, of a plaintiff's action in which a counterclaim or cross-claim has been filed shall operate to dismiss or discontinue such counterclaim or cross-claim.

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(L. 1943 p. 353 § 103)

Notes of Decisions
Cited in 7 cases, 1957–2008 · leading case: Johnson Heater Corp. v. Deppe, 86 S.W.3d 114 (Mo. Ct. App. 2002).
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Johnson Heater Corp. v. Deppe, 86 S.W.3d 114 (Mo. Ct. App. 2002). · cites it 4× “05; see also section 510.170. But here, where we have held that the trial court had no jurisdiction over Deppe, the trial court also had no jurisdiction to consider his forced counterclaim.”
Gash v. Lafayette Cnty., 245 S.W.3d 229 (Mo. 2008). · cites it 2× “See section 510.170; N.G. Heimos Greenhouse, Inc.”
N. G. Heimos Greenhouse, Inc. v. City of Sunset Hills, 597 S.W.2d 261 (Mo. Ct. App. 1980). · cites it 2× “6 The City has urged us to dismiss plaintiffs’ petition for declaratory judgment, which we have ordered. But it also asks us to act favorably on its counterclaim for injunctive relief by ordering the removal of the alleged ordinance offending improvements.”
Harrison v. Weisbrod, 358 S.W.2d 277 (Mo. Ct. App. 1962). · cites it 3× “Section 510.170 RSMo 1959, V.A.M.S. The authorities cited by appellant under subhead (H) in no way support his contention that the administrator of the estate of David Harrison did not state a cause of action against appellant and respondent, or, at least, a cause of action…”
Evans v. Brussel, 300 S.W.2d 442 (Mo. 1957). · cites it 2× “While Section 510.170 prevents a plaintiff’s dismissal, either voluntarily or by taking an involuntary nonsuit, from having any effect to dismiss a defendant’s cross-claim, this does not apply to a defendant’s own dismissal or action having that effect.”
Hous. Auth. of St. Louis Cnty. v. Lovejoy, 731 S.W.2d 510 (Mo. Ct. App. 1987). · cites it 3× “See Section 510.170 RSMo (1986). In this case there was a counterclaim that was not dismissed until on September 9, 1986.”
Shultz v. Kline, 552 S.W.2d 333 (Mo. Ct. App. 1977). · cites it 2× “However, the counterclaim was unaffected by such dismissal, § 510.170, RSMo 1969, and the only matter before the court was Kline’s purely legal counterclaim.”
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