Missouri Court of Appeals, 2007

DM & O Enterprises, Inc. v. Banner

DM & O Enterprises, Inc. v. Banner
Missouri Court of Appeals · Decided March 13, 2007 · Breckenridge, Holliger, Newton
216 S.W.3d 701; 2007 Mo. App. LEXIS 420; 2007 WL 737622 (South Western Reporter, Third Series)

DM & O Enterprises, Inc. v. Banner

Opinion of the Court

ORDER

Jerry Banner (“Banner”) appeals the judgment entered in favor of DM & O Enterprises (“DM & O”) on its breach of contract claim. Banner’s sole argument is that DM <& O improperly split its causes of action by first obtaining a judgment against Midwest Energy Systems, LLC, and then, filing a separate action against Banner d/b/a Midwest Energy Systems. He also argues that the doctrine of res judicata precludes the second action against him. Because we find that Midwest Energy Systems, LLC and Banner d/b/a Midwest Energy Systems are neither the same party nor in legal privity, we affirm. Rule 84.16(b).

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