Missouri Court of Appeals, Western District / Nov 24, 2020
Joyce Elaine Bozarth vs. Edgar Foshe Bozarth, Sr.
Ms. Joyce Bozarth appealed the circuit court's amended judgment in a breach-of-contract action against Mr. Edgar Bozarth, Sr., stemming from a 2002 separation agreement. The circuit court had denied Ms. Bozarth's motion for partial summary judgment and, without a cross-motion, ruled in Mr. Bozarth's favor on the merits, also awarding him attorney fees. The appellate court reversed and remanded, holding that the circuit court erred by granting summary judgment to a non-moving party without a proper motion, which violated Rule 74.04. Consequently, the attorney fee award was also vacated.