
IN THE CIRCUIT COURT GREENE COUNTY MISSOURI
Marc Perkel - pro se )
)
vs. ) No. 197CC0170
)
William A. Wear Jr. et al )
MOTION TO STRIKE APPEARANCE AND ENTER DEFAULT JUDGEMENT
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COMES NOW, Plaintiff Marc Perkel and asks the court to strike the
the motions and the appearance of Mr. Duncan as attorney for Mr. Wear
and Mr. Sharp and the Law Firm of Wear and Sharp on the basis that the
Rules of Professional Conduct prohibit Mr. Duncan from representing
these defendants in this action because he is a codefendant. Plaintiff
also asks the court to enter a default judgement against these
defendants for not appearing to answer the pleading. In support of his
motion Pliantiff states as follows:
1) That the Rules of Professional Conduct prohibit one defendant from
representing another due to conflict of interest.
2) That these parties are all lawyers and know or should know that they
are breaking the rules. That this representation is a deliberate
attempt to tamper with the administration of justice and to undermine
the judicial process and deny the plaintiff and other defendants of
their due process rights to a fair and impartial hearing.
3) That because the representation is prohibited, that Mr. Duncan has no
standing to answer pleadings or to make motions in behalf of his
codefendants. Therefore, the court should strike his motions and
treat them as if they never existed.
4) Since Wear, Sharp, and the Law Firm of Wear and Sharp have failed to
appear to defend themselves, the Plaintiff is entitled to default
judgement.
WHEREFORE, Plaintiff, having given the defendants plenty of warning
about the improper representation and tampering with the administration
of justice, prays for an order of the court striking the appearance of
Mr. Duncan and to enter a default judgement against Mr. Wear, Mr. Sharp,
and the Law Firm of Wear and Sharp in favor of the Plaintiff.
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Marc Perkel * Plaintiff * 06-19-97
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