Missouri Court of Appeals, Southern District / Jul 6, 2022
ALAN F. DECKER, d/b/a DECKER TRANSPORTATION SERVICES, Plaintiff-Respondent v. TIMOTHY T. COLLINS, d/b/a COLLINS HEAVY HAUL, Defendant-Appellant
Alan Decker, doing business as Decker Transportation Services, sued Timothy Collins for breach of contract and related theories. The trial court entered judgment for Decker. On appeal, Collins argued Decker lacked standing to bring the claim. The appellate court agreed, finding that Decker, as an individual, was not a party to the contract, which was with Decker Transportation Services, LLC, and that Decker had not registered a fictitious name in Missouri. Consequently, the court vacated the judgment and remanded the cause with directions to dismiss both Decker's petition and Collins' counterclaim without prejudice.