Missouri Court of Appeals, Eastern District / Mar 9, 2021
Dustin M. Bray, Appellant, vs. Tony Y. Lee, Jamie S. Fuhrman, and Christopher A. Gohlke, Respondents.
Appellant Dustin M. Bray sued tenants Tony Y. Lee, Jamie S. Fuhrman, and Christopher A. Gohlke for property damage to a rented residence. The trial court granted summary judgment against Bray, finding he lacked standing as he was not the owner and had no legally protectable interest in the property, and dismissed the case with prejudice. The appellate court affirmed the trial court's finding that Bray lacked standing. However, it reversed the summary judgment and remanded the case for entry of an order of dismissal without prejudice, clarifying that a dismissal for lack of standing is not a merits-based disposition.