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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

Other Sections in This Document (119)

Full Text

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Rule 55.27(a)(9) and 55.27(g)(1). Because Defendant did not plead a lack of capacity as an affirmative defense, nor raise it in a motion before the trial court, K.O. argues Defendant has waived such defense. Although we are not persuaded by KO.’s argument that Defendant argues KO.’s lack of capacity in this point, the record nevertheless fails to support Defendant’s claim for relief.