{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"dustin-matthews","displayName":"Dustin Matthews","totalCases":1},"cases":[{"caseId":"moappwd:wd86078:undated","opinionId":"f573e49d-0dd5-5b63-b75d-5fe037eeaf25","slug":"john-marcus-sommers-v-dustin-matthews-d86078","caseName":"John Marcus Sommers\nvs.\nDustin Matthews","caseNumber":"WD86078","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":null,"year":2024,"display_summary":"John Marcus Sommers sued Dustin Matthews for breach of contract and fraud related to an unpaid loan. The trial court struck Matthews's answer and affirmative defenses as a discovery sanction, but later entered judgment for Matthews, relying on the statute of frauds defense. The Western District of the Missouri Court of Appeals reversed, holding that the trial court erred by basing its judgment on an affirmative defense that had been stricken from the pleadings and was therefore waived. The case was remanded for the trial court to enter judgment for Sommers on damages consistent with the admitted allegations.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","contracts","evidence","appellate-procedure"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=208374","detailUrl":"https://ott.law/missouri-courts/opinions/john-marcus-sommers-v-dustin-matthews-d86078","relatedPracticeAreas":[{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":12,"source":"topic","evidence":["topic: contracts"],"url":"https://ott.law/practice-areas/corporate"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: civil-procedure","topic: evidence","topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"respondent"}]}