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Case: Nick Fortner, et al., Appellant, v. Fleetwood Homes of Tennessee, Inc., et al., Respondent.
Case Number: WD65126
Court: Missouri Court of Appeals, Western District
Decision Date: Unknown
Outcome: dismissed
Practice Area: other
Canonical URL: https://ott.law/missouri-courts/opinions/nick-fortner-et-al-appellant-v-fleetwood-homes-of-tennessee-inc-et-al-res-d65126
Official Source URL: https://www.courts.mo.gov/file.jsp?id=21756
Related Practice Areas:
- Civil Litigation: https://ott.law/practice-areas/litigation?ott_archive=missouri-courts&ott_archive_practice_area=litigation&ott_archive_query=Nick+Fortner%2C+et+al.%2C+Appellant%2C+v.+Fleetwood+Homes+of+Tennessee%2C+Inc.%2C+et+al.%2C+Respondent.&ott_archive_link_source=text&ott_archive_link_score=6&ott_archive_link_evidence=text%3A+summary+judgment&ott_archive_location=opinion_plain_text_practice_area (slug: litigation; source: text; score: 6; evidence: text: summary judgment)

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## Opinion

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.