Missouri Court of Appeals, Western District / Jul 5, 2022
Joyce Elaine Bozarth vs. Edgar Forshe Bozarth
Joyce Bozarth (Wife) appealed the trial court's grant of summary judgment to Edgar Bozarth (Husband) and an award of attorney's fees to Husband. The dispute centered on the interpretation of a separation agreement regarding the "sale or liquidation" of marital business entities and the division of proceeds. The appellate court reversed the trial court's judgment, holding that Husband's sale of all real property assets of the marital entities constituted a liquidation under the agreement, triggering his obligation to share proceeds with Wife. The case was remanded for entry of judgment in Wife's favor, calculation of her damages, and reasonable attorney's fees and costs.