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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 20

Citation
Section 20
Parent Document
WEA Crestwood Plaza, L.L.C. v. Flamers Charburgers, Inc., 24 S.W.3d 1 (2000)
Jurisdiction
Missouri (state)
Effective Date
2000-01-11

Full Text

401 chars
A determination as to the legal validity of the grounds asserted in Tenant’s motion to dismiss necessarily depends on proof of the prior judgment. Res judicata is an affirmative defense that is not self-proving; evidence to support the defense must be adduced. Rock House Farm, Inc. v. Ridgeway Lion’s Club, 894 S.W.2d 262, 265 (Mo.App. W.D.1995); Ackley v. Ackley, 257 S.W.2d 404, 407 (Mo.App. 1953).