Boehm v. Allen, 524 S.W.3d 542 (2017)

Citation: Boehm v. Allen, 524 S.W.3d 542 (2017)
Parent Document: Boehm v. Allen, 524 S.W.3d 542 (2017)
Jurisdiction: Missouri (state)
Effective Date: 2017-07-25
Original Source: https://www.courtlistener.com/opinion/5448716/boehm-v-allen/ ↗

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In P.M. Construction, the court considered the mootness of an appeal from an unlawful detainer action in which the appellant vacated the premises after an eviction judgment was entered. Id. The respondent filed a motion to dismiss, arguing that the appellant had acquiesced to the judgment by voluntarily moving out. Id. The respondent attached an affidavit from its agent stating that appellant had volun*544tarily surrendered the property to him. Id. In response, the appellant contended that she was involuntarily removed from the residence based on a notice from the local sheriffs office that she had five days to vacate the premises. Id. Ultimately, because there was “conflicting evidence about whether [the appellant] ‘recognized the validity of the judgment’ by voluntarily leaving the property at issue,” the court determined there was not a clear showing of mootness and denied the motion to dismiss. Id.

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