Missouri Court of Appeals, Eastern District / Nov 19, 2024
Denny Labantschnig, Respondent, vs. Royal Gate, Inc. et al., Appellants.
Dr. Cyrus Alizadeh appealed a trial court judgment finding him liable on a personal guaranty for a loan obtained by Royal Gate, Inc. from Denny Labantschnig. Alizadeh challenged the interpretation of the guaranty, the effect of a repayment extension, the tender and consideration of the guaranty, and the award of attorneys' fees. The Eastern District affirmed the trial court's judgment on all points, finding the guaranty unambiguously incorporated the underlying agreement and that Alizadeh was not discharged from liability. The court also granted Labantschnig's motion for appellate attorneys' fees and remanded for their determination.