Missouri Court of Appeals, Southern District / Feb 18, 2021
DEBORAH J. MILLER, Plaintiff-Appellant v. GREGORY A. CULTON, SR, Defendant-Respondent
Plaintiff Deborah J. Miller appealed the trial court's judgment awarding 100% of partition sale funds to Defendant Gregory A. Culton. Miller argued the trial court misapplied the law by distributing the funds unequally despite the property being sold "subject to" an existing note and deed of trust, and that Culton waived any entitlement to an offset. The Southern District of Missouri Court of Appeals affirmed the trial court's judgment, finding no error in the distribution of funds or in the interpretation of the parties' stipulation.