Missouri Court of Appeals, Eastern District / Mar 9, 2021
Cornerstone Mortgage Inc., Respondent, vs. Kurt Ponzar and Sandra Ponzar, Appellants.
Kurt and Sandra Ponzar appealed the trial court's denial of their motion to vacate interlocutory orders and its retroactive declaration that a 2011 disbursement order was final. The underlying dispute involved a rescinded home loan, unjust enrichment, and the disbursement of fire insurance proceeds to Cornerstone Mortgage, Inc. The appellate court affirmed the trial court's denial of the motion to vacate, finding that while the retroactive denomination of the order was erroneous, the trial court did not abuse its discretion in denying the motion on its merits regarding jurisdiction, garnishment procedures, or the effect of bankruptcy.