Julia L. Stewart Missouri Cases

Plaintiffs Sharon Smith, Rebecca Howell, and Margaret Smith appealed the dismissal of their petition against Julia L. Stewart, which sought declaratory relief, injunctive relief, and specific performance related to the sale of residential property. The trial court dismissed the petition with prejudice for failure to state a claim. The appellate court affirmed that the petition failed to state a claim because it did not specify a necessary closing date. However, the court reversed the dismissal with prejudice, finding it an abuse of discretion given the circumstances, and remanded the case with instructions to dismiss without prejudice and allow Plaintiffs to amend their petition.