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The case of the disappearing plaintiff

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Why would a plaintiff (the party who files a suit) fail to show up for trial? How long should a court keep the suit alive, if the plaintiff doesn’t seem to care?

In a recent opinion, Springfield’s Southern District of the Missouri Court of Appeals affirmed the trial judge’s determination that it a plaintiff who failed to show up for trial could not have another chance to assert its rights three years later. The losers here, named Kissee, filed a suit against E-Z Pawn for the recovery of jewelry left there for cleaning.

When the Kissees failed to show up for the trial, the trial judge merely noted in the court records that they failed to show. Nearly a year later, the pawnshop’s attorney sent a cash settlement offer to the Kissees, but apparently that letter did not lead to a settlement.

Six months later, Read the rest of this entry

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