Supreme Court of Missouri / Jul 17, 2018
Gary S. Heifetz, Jeffrey S. Gershman, Steven B. Spewak, Jean Maylack, Fallon Maylack, Steven M. Stone, Individually and as Personal Representative of the Estate of Sidney L. Stone, and Sidney M. Stone, Respondents, vs. Apex Clayton, Inc., Appellant.
Apex Clayton, Inc. appealed an amended judgment in favor of limited partners on claims of breach of contract and fiduciary duty, challenging the overruling of its motion for judgment notwithstanding the verdict (JNOV). The Supreme Court of Missouri first determined that Apex's notice of appeal was timely because the limited partners' motion for attorney fees was presented as a motion to amend the judgment, making the subsequent amended judgment a new judgment for appeal purposes. However, the Court affirmed the trial court's judgment, holding that Apex failed to preserve its substantive claims for appellate review by not filing a motion for directed verdict at the close of all evidence.