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
Original Source
https://www.courtlistener.com/opinion/1666841/wea-crestwood-plaza-llc-v-flame... ↗

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998 S.W.2d at 126. The record here fails to indicate that the trial court gave the parties such notice. In cases such as this one, however, where the asserted basis for the motion was res judicata and related arguments, the relevant material from the underlying case was before the trial court, an eviden-tiary hearing was held, and the parties have not suggested any other documents were necessary to decide the question, it is appropriate for us to treat the judgment as a summary judgment. Id. See also Chaney v. Cooper, 954 S.W.2d 510, 515 (Mo.App. W.D.1997).