512.280. Same cause to be heard — necessary parties may be added. — The same cause of action, and no other, that was tried before the associate circuit judge, shall be tried before the judge upon the trial de novo; provided, that new parties, plaintiff or defendant, necessary to a complete determination of the cause of action, may be added in the trial de novo.
Notes of Decisions
Cited in
18
cases, 1960–2014 · leading case:
McMenamy v. Main, 686 S.W.2d 874 (Mo. Ct. App. 1985).
McMenamy v. Main, 686 S.W.2d 874 (Mo. Ct. App. 1985).
· cites it 7× “However, on the day the trial de novo commenced, the trial court sustained a motion to strike this amendment on the grounds that § 512.280, RSMo.1978, prohibits amendments to the pleadings on trial de novo.”
KNT Mgmt., LLC v. Kimberly Flenoid, Defendant/Respondent., 419 S.W.3d 897 (Mo. Ct. App. 2014).
· cites it 8× “In addition to the foregoing cases, the trial court also cited section 512.280 RSMo. (2000), which states in relevant part that “[t]he same cause of action, and no other, that was tried before the associate circuit judge, shall be tried before the judge upon the trial de novo[.”
Hloben v. Henry, 660 S.W.2d 431 (Mo. Ct. App. 1983).
· cites it 4× “The two issues presented are (1) whether defendant’s “notice of appeal” was insufficient to confer jurisdiction on the circuit court because he only “appealed” part of the judgment and omitted one of the plaintiffs’ names, contrary to the prescription of § 512.280, RSMo (1978),…”
Swetnam v. US By-Prods. Corp., 510 S.W.2d 829 (Mo. Ct. App. 1974).
· cites it 5× “The Ray County Circuit Court was an appellate court. The jurisdiction of a circuit court on appeal is limited to “the same cause of action, and no other, that was tried before the magistrate .”
State ex rel. Mayweather v. Bondurant, 538 S.W.2d 953 (Mo. Ct. App. 1976).
· cites it 8× “Respondent claims: 1) that mandamus is not an appropriate remedy; and 2) that the third party petition attempted to be filed by relator in the Circuit Court is barred by § 512.280. (All statutory references herein are to RSMo 1969).”
Rockwell Int'l, Inc. v. Westport Off. Equip., 606 S.W.2d 477 (Mo. Ct. App. 1980).
· cites it 3× “Section 512.280, RSMo 1969, the then applicable statute, provides: “The same cause of action and no other, that was tried before the magistrate, shall be tried before the appellate court upon appeal .”
McMahon v. Charles Schulze, Inc., 483 S.W.2d 666 (Mo. Ct. App. 1972).
· cites it 2× “The relevant statutes are §§ 512.280 and 512.300. “The same cause of action, and no other, that was tried before the magistrate, shall be tried before the appellate court upon the appeal; provided, that new parties, plaintiff or defendant, .”
McClellan v. Sam Schwartz Pontiac, Inc., 338 S.W.2d 49 (Mo. 1960).
· cites it 2× “” Section 512.280. And, “no set-off nor counterclaim shall be pleaded in the appellate court that was not pleaded before the magistrate.”
Bridge Dev. Co. v. Vurro, 519 S.W.2d 321 (Mo. Ct. App. 1975).
· cites it 2× “Furthermore, on appeal from a magistrate court which has no equitable jurisdiction, § 482.100, RSMo 1969, V.”
Stolfus v. Musselman & Hall Constr., Inc., 845 S.W.2d 565 (Mo. Ct. App. 1992).
“After taking his appeal to the circuit court, plaintiff sought and was granted leave to add the City of Kansas City as an additional defendant pursuant to § 512.280. Plaintiff subsequently obtained leave to dismiss his cause of action without prejudice.”
Aubuchon v. Ayers, 400 S.W.2d 472 (Mo. Ct. App. 1966).
“270, § 512.280, § 512.290, § 512.310, all of which, except § 512.”
Manpower, Inc. v. Area Dev. Corp., 440 S.W.2d 515 (Mo. Ct. App. 1969).
“310 states that “The trial in the *518 appellate court shall be governed by the practice in such court, * * Sections 512.280, 512.290 and 512.300 cited by defendant refer to pleadings in Magistrate Court cases that are appealed to the Circuit Court.”
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