DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 512

Citation
Section 512
Parent Document
K.O. Real Estate, LLC v. O'Toole, 291 S.W.3d 780 (2009)
Jurisdiction
Missouri (state)
Effective Date
2009-06-23
Original Source
https://www.courtlistener.com/opinion/1652656/ko-real-estate-llc-v-otoole/ ↗

Other Sections in This Document (119)

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In this case, the operative lease was in fact incorporated into the pleadings as an exhibit to the petition. Additionally, evidence was presented during trial that K.O. was seeking “[everything under the lease,” including possession. Moreover, we find that even prior to the presentation of the evidence at trial, Defendant had sufficient notice that possession was at issue based on the pleadings. In addition to attaching the lease as an exhibit to the petition, K.O. pled the events giving rise to its entitlement to possession as the lessor when Defendant defaulted on his lease. Consistent with our prior holding in Rouse,