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Plaintiffs appealed the grant of summary judgment to defendants in plaintiffs’ action to recover a percentage of net proceeds received from a settlement. Plaintiffs argued that the trial court should have granted a continuance for discovery into whether legal fees incurred in pursuing the claims had been paid.
Where plaintiffs failed to show that additional discovery could have revealed evidence creating a genuine issue of material fact, there was no error in denying a continuance for additional discovery.
Judgment is affirmed and remanded.
Acoma Development, LLC v. Commerce Tower Place (MLW No. 83920/Case No. ED87977 – 14 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Youngs, J. (Mark Meyer, Lee’s Summit for appellants) (Robert Pitkin, Kansas City for respondents)