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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Labarbera v. Malec, 540 S.W.3d 903 (2018)

Citation
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Parent Document
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-03-06

Full Text

876 chars
The standard of review on appeal regarding summary judgment is essentially de novo. Foster v. St. Louis County , 239 S.W.3d 599, 601 (Mo. banc 2007). Summary judgment will be upheld on appeal if there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Id. We review the record in the light most favorable to the party against whom judgment is sought. State ex rel. Mo. Highway & Transp. Comm'n v. Dierker , 961 S.W.2d 58, 60 (Mo. banc 1998). Facts set forth by affidavit or otherwise in support of the motion are taken as true unless contradicted by the non-movant's response to the summary judgment motion. Id. The non-movant receives the benefit of all reasonable inferences from the record. Id. A defendant may establish a right to judgment by showing facts that negate any one element of the plaintiff's claim. Id. Discussion