Section 517

Citation: Section 517
Parent Document: Rahman v. Matador Villa Associates, 821 S.W.2d 102 (1991)
Jurisdiction: Missouri (state)
Effective Date: 1991-12-17
Original Source: https://www.courtlistener.com/opinion/5253529/rahman-v-matador-villa-associates/ ↗

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In reaching essentially the same result, a series of cases from the court of appeals has relied on Rule 41.01(b) to hold that Rule 55 relating to pleadings does not apply in actions pending in probate divisions of the circuit court or before associate circuit judges. Lankheit v. Estate of Scherer, 811 S.W.2d 853 (Mo.App.1991); Ellinwood v. Estate of Lyons, 731 S.W.2d 23 (Mo.App.1987); and Estate of Sanders, 719 S.W.2d 947 (Mo.App.1986), all involved whether the Rule 55 requirements regarding pleading of affirmative defenses applied in probate cases or in civil cases tried by associate circuit judges. Rule 41.01(b) provides:

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