Missouri Court of Appeals, Western District / Sep 29, 2020
Brad Burns vs. Nathan Granger, et al
Brad Burns appealed the trial court's dismissal of his medical malpractice petition against Nathan Granger and Clay-Platte Family Medical Clinic as a sanction for discovery violations. Burns argued the trial court erred by holding a dismissal hearing with less than five days' notice, violating Rule 44.01(d). The appellate court affirmed the dismissal, finding no prejudicial error because Burns had a subsequent opportunity to argue the merits of the dismissal motion during a hearing on his motion to reconsider.