Sharon Smith, et al. v. Julia L. Stewart

Potosi, Missouri real property lawyers represented Plaintiff, who sued Defendants seeking declaratory relief, injunctive relief, and specific performance relating to a parcel of residential property





Sharon Smith, Rebecca Howell, and Margaret Smith (collectively "Plaintiffs”) appeal the

judgment granting Julia L. Stewart's motion to dismiss Plaintiffs' petition seeking declaratory

relief, injunctive relief, and specific performance relating to a parcel of residential property. The

trial court dismissed Plaintiffs' petition with prejudice for failure to state a claim upon which relief

may be granted.

We affirm the trial court’s judgment to the extent the court found

Plaintiffs’ petition should be dismissed for failure to state a claim upon which relief may be granted. However, we reverse the trial court’s judgment to the extent the court dismissed Plaintiffs’ petition with prejudice. Additionally, we remand the case with instructions to the trial court to enter an order reflecting the dismissal of Plaintiffs’ petition is without prejudice; with instructions to the trial court to give Plaintiffs the opportunity to amend their petition; and for further proceedings consistent with this opinion.