Missouri Court of Appeals, Eastern District / Dec 22, 2020
Disalvo Properties, LLC, Respondent/Cross-Appellant, vs. Donna Mae Hall as Personal Representative of the Estate of Gary L. Hall, and Donna Mae Hall, Successor Trustee of the Gary L. Hall Revocable Living Trust Dated November 12, 1989, Appellants.
Donna Mae Hall, as personal representative of the Estate of Gary L. Hall and Successor Trustee, appealed from a jury verdict in favor of DiSalvo Properties, LLC on a fraudulent misrepresentation claim and from the trial court's judgment on DiSalvo's specific performance claim. The appellate court reversed both judgments. It found that DiSalvo failed to present substantial evidence that Hall lacked a present intent to sign a collateralized guaranty, thus failing to make a submissible case for fraudulent misrepresentation. Additionally, the court determined there was no clear or convincing evidence of an oral settlement agreement or Hall's agreement to guarantee an oral agreement, rendering the specific performance order unsupported by substantial evidence.