Missouri Court of Appeals, Western District / Apr 4, 2023
Peter Loew and Kathy Loew vs. Heartland Trophy Properties, Inc.
Peter and Kathy Loew (Loews) sought a declaratory judgment to void noncompete agreements with Heartland Trophy Properties, Inc. (Heartland). The circuit court granted Heartland's motion to transfer venue to Iowa and dismissed the Loews' petition without prejudice, also denying the Loews' request for sanctions. The appellate court affirmed the denial of sanctions, but reversed the transfer of venue and dismissal, finding the circuit court erred in applying Rule 51.045 and the doctrine of forum non conveniens. The case was remanded for further proceedings.