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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

S.L. Motel Enterprises, Inc. v. East Ocean, Inc., 751 S.W.2d 114 (1988)

Citation
S.L. Motel Enterprises, Inc. v. East Ocean, Inc., 751 S.W.2d 114 (1988)
Parent Document
S.L. Motel Enterprises, Inc. v. East Ocean, Inc., 751 S.W.2d 114 (1988)
Jurisdiction
Missouri (state)
Effective Date
1988-05-10

Other Sections in This Document (50)

Full Text

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Rule 74.04(c) (1987) provides that when a motion for summary judgment is presented, “judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” In no case, however, shall a summary judgment be rendered on issue triable by jury or the court without a jury unless the prevailing party is shown by unassailable proof to be entitled thereto as a matter of law. Rule 74.04(h) (1987). We note that the principal issue in an unlawful detainer action is the immediate right of possession. Leve v. Delph, 710 S.W.2d 389, 391 (Mo.App.1986).