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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 512

Citation
Section 512
Parent Document
Boehm v. Allen, 524 S.W.3d 542 (2017)
Jurisdiction
Missouri (state)
Effective Date
2017-07-25

Full Text

541 chars
. We note that the Boehms’ pleading was titled as a "Petition for Rent and Possession,” but both parties agree that the factual allegations only supported a claim of unlawful de-tainer pursuant to section 534.030. Thus, irrespective of the caption, the petition asserted a claim for unlawful detainer. See Temple v. McCaughen & Burr, Inc., 839 S.W.2d 322, 326 (Mo. App. 1992) (stating that "the character of the cause of action must be determined from the factual allegations, without regard to the caption or name assigned by the pleader").