My question involves small claims court in the state of: Missouri
We were sued in a small claims suit in 2004. We filed a counterclaim. The Judge found in favor of the Plaintiff's claim and also in favor of our counterclaim - so basically a wash. I filed an appeal for a Trial De Novo within the time allowed and were were issued a new court date with a new judge.
However, the day of court, we weren't there probably 1 minute when the Judge came in and said the case was dismissed because I filed the Trial De Novo and not my fiance, even though both of us were listed as parties and neither one of us was dismissed as a party. We were told by the court the ruling stood and we had no other options.
To this day, we still can't figure out why in the world the case was thrown out because only I filed. Is it not true as long as one of the parties timely files and pays the application fee that this is acceptable? In our opinion, this is a gross error on the court and I would like to know if we have any recourse against the court for this ruling?