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Duvall v. Wilson

Court of Appeals of Missouri, Western District, Fourth Division

August 26, 2014

JOHN C. DUVALL, Appellant,
v.
MICHAEL P. WILSON, ET UX., Respondents

Appeal from the Circuit Court of Cole County, Missouri. The Honorable Jon E. Beetem, Judge.

John C. Duvall, Appellant, Pro se.

James P. Emanuel, Jefferson City, MO, for respondents.

Before Division Four: Alok Ahuja, Chief Judge, Presiding, Thomas H. Newton, Judge and Cynthia L. Martin, Judge.

OPINION

Per curiam

ORDER

John Duvall appeals dismissal of his First Amended Civil Rights Petition in the Circuit Court of Cole County. He raises two points on appeal, asserting the circuit court clearly erred in: (1) dismissing Duvall's Counts 1, 2, and 3 for being beyond the statute of limitations because the circuit court failed to find the statute of limitations should have been tolled; and (2) dismissing Duvall's Count 9 for failure to state a claim upon which relief may be granted because the circuit court failed to recognize Duvall had a suitable cause of action. We affirm. Rule 84.16(b).


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