Nick Fortner, et al., Appellant, v. Fleetwood Homes of Tennessee, Inc., et al., Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Nick Fortner, et al., Appellant, v. Fleetwood Homes of Tennessee, Inc., et al., Respondent. Case Number: WD65126 Handdown Date: 11/01/2005 Appeal From: Circuit Court of Lafayette County, Hon. Dennis A. Rolf Counsel for Appellant: John B. Neher Counsel for Respondent: Steven Martin Aaron Opinion Summary:

Nick Fortner appeals a summary judgment in favor of Fleetwood Homes of Tennessee, Inc. Fortner contends that there are controverted material facts that prevent summary judgment. DISMISSED. Division holds: In a separate proceeding, this court granted a writ of prohibition finding that the case had been dismissed properly while the summary judgment motion was pending and, therefore, the trial court had no jurisdiction to rule on the summary judgment motion. State ex rel. Fortner v. Rolf, WD64974 (September 30, 2005). Because this appeal is on the merits of that motion, it is now moot. Citation: Opinion Author: Ronald R. Holliger, Presiding Judge Opinion Vote: DISMISSED. Ulrich and Ellis, JJ., concur. Opinion:

Nick Fortner (Fortner) appeals from a summary judgment in favor of Fleetwood Homes of Tennessee, Inc. (Fleetwood). Fortner contends that there are controverted material facts that prevent summary judgment. We dismiss the appeal because it is moot. In a separate proceeding this court has granted a writ of prohibition finding that the case had

been properly dismissed while the summary judgment motion was pending and, therefore, the trial court had no jurisdiction to rule upon the summary judgment motion. State ex rel. Fortner v. Rolf , WD 64974 (September 30, 2005). Because this appeal is on the merits of that motion, it is now moot. Appeal dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.