Midland States Bank and Midland States Bancorp, Inc. Missouri Cases

Larry Rice appealed the circuit court's dismissal with prejudice of his action against Midland States Bank and Midland States Bancorp, Inc. The appellate court found procedural confusion regarding whether the circuit court ruled on Rice's initial petition or his subsequently-filed amended petition. Citing Rule 55.33(a), the court determined the amended petition became operative as a matter of law, rendering the initial petition abandoned. The appellate court reversed the judgment and remanded for further proceedings, as the circuit court either erred by ruling on an abandoned petition or by dismissing the amended petition without a proper motion against it.