IN THE CIRCIIIT COURT OF CHRISTIAN COUNTY, MISSOURI

KEVIN A. ELMER, )
                                                  )
                         Plaintiff, )

                vs. ) Case No. 14CT-CC00532

KAY BROWN, )

                         Defendant. )

                SUGGESTIONS IN SUPPORT OF PLAINTIFF'S

             AMENDED MOTION TO SET ASIDE AND VACATE

                        COURT'S ORDER OF JUNE 10. 2014

        COMES NOW plaintiff, by and through his attorney of record, Kent

Hyde, and for his Suggestions in Support of Plaintiffs Amended Motion to

Set Aside and Vacate Court's Order of June 10, 2014, states as follows:

        The trial court retains control over its judgment during a thirty (30)

day period after entry ofjudgment and may vacate, amend or modify its

judgment within that time. Supreme Court Rule 75.01. Further, Supreme

Court Rule 74.06(b) provides that on motion and such terms as are just, the

court may relieve a party from a judgment or order, including that a prior

judgment upon which it is based, "is no longer equitable that the judgment

remain in force."

        The trial court has broad discretion to set aside its prior judgment for

good cause and to prevent a manifest injustice. «The term'good cause' is

coined to serve a remedial purpose in a matter addressed primarily to the

conscience of the court and it should therefore be interpreted with

commensurate liberality, not only to prevent a manifest injustice."...

Brueggemann v. Elbert, 948 S.W.Ed 212 (Mo.App.). "Rule 75.01 contains the

least stringent standard because it inheres while the trial retains jurisdiction

of the case." Cowger u. Livingston, 182 S.W.3d 783 (Mo.App. 2006).

        In the instant case, plaintiffs previous Petition and court; Order of

June 10, 2014, relied upon beliefs as set forth in plaintiff's Amended Motion

to Set Aside Court's Order and further, that the ballot for the primary

election would be sent to the printer on June 11, 2014. Circumstances have

changed and the ballot has not been sent for printing. Therefore, plaintiff

relied to his detriment on circumstances which no longer exist. This change

in circumstance should compel the Court to vacate and set aside its previous

Order of June 10, 2014, to allow plaintiffs name to remain on the ballot for

the primary election, and allow the registered voters of Christian County,

Missouri, to elect an Associate Circuit Judge on the merits. -

        WHEREFORE, plaintiff prays his Amended Motion to Set Aside

Court's Order of June 10, 2014, be sustained, that the previous Order be

vacated, and for such further and additional relief as the Court may deem

just and proper.

                                                 HYDE, LOVE*m-,LLP

                                                      (

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                                              Igiv·i u. JIYDE /
                                                         MissourrBar Ne:52088

HYDE, LOVE & OVERBY, LLP
1121 South Glenstone

Springfield, MO 65804
Telephone: 417/831-4046
Facsimile: 417/831-4989

                             CERTIFICATE OF SERVICE

   The undersigned hereby certifies that a copy of the foregoing document
was served upon all interested parties herein on this 19th day of June, 2014,
by:

                Personal Service (hand delivered).

                US. Mail, postage prepaid.

                Facsimile transmission.

Interested parties:

Kay Brown
County Clerk                                           ////---2
100 West Church Street, Room 206
Ozark, MO 65721
                                                4-Re