Missouri Court of Appeals, Western District / Aug 28, 2018
Estate of Max E. Overbey, Deceased, by Glenna J. Overbey, Personal Representative, and Glenna J. Overbey vs. Chad Franklin, Chad Franklin National Auto Sales North, LLC and CFS Enterprises, Inc.
Glenna J. Overbey, individually and as personal representative of the Estate of Max E. Overbey, sued Chad Franklin and his entities for fraudulent transfer after Tiffany Franklin, Chad Franklin's wife, received settlement proceeds from a bad faith lawsuit, allegedly to prevent Overbey from collecting a prior judgment. The trial court sanctioned the Franklin parties by striking their pleadings and entering an interlocutory judgment on liability. After a jury awarded $0 in damages, the trial court granted Overbey's motion for a new trial due to instructional error and closing argument misconduct. The appellate court affirmed the trial court's grant of a new trial, finding no abuse of discretion, as the trial court correctly identified its error in deviating from the mandatory MAI 31.07(A) instruction, which prejudiced Overbey.