Theresa Marie Barbero v. Wilhoit Properties, Inc. (2021)

Citation: Theresa Marie Barbero v. Wilhoit Properties, Inc. (2021)
Parent Document: Theresa Marie Barbero v. Wilhoit Properties, Inc. (2021)
Jurisdiction: Missouri (state)
Effective Date: 2021-11-16
Original Source: https://www.courtlistener.com/opinion/5297685/theresa-marie-barbero-v-wilhoit... ↗

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  All statutory references are to RSMo. (Supp. 2019).
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  Barbero appears to confuse a motion for new trial under Rule 78 with a statutory right to a trial de novo under
section 512.180.1. A trial de novo is available when a person has been aggrieved by a judgment in a civil case tried
without a jury before an associate circuit judge in all cases tried before municipal court or under the provisions of
chapter 482 or 535. Barbero’s case does not fit these criteria. Her case was neither tried before a municipal court nor
under the provisions of chapter 482, which applies to actions in small claims court. In addition, as stated earlier, it is
unclear from the record whether Barbero’s case was tried under the provisions of chapter 535, which applies to
landlord-tenant actions.

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