Missouri Court of Appeals, Southern District / Mar 16, 2021
WARREN COATS, Trustee, Plaintiff-Respondent v. ELVIN LEON MUSTION and LORETTA JEAN MUSTION, his wife, Co-Trustees, Defendants-Appellants
Warren Coats, Trustee, sued Elvin Leon Mustion and Loretta Jean Mustion, Co-Trustees, over an easement dispute, seeking an injunction and damages for trespass. After a bench trial, the court issued an original judgment granting an injunction and surveyor costs, but later, in an amended judgment, rescinded the surveyor costs and awarded punitive damages, which neither party had requested in their post-trial motions. The appellate court reversed the punitive damages award, holding that the trial court lacked authority to amend the judgment to grant unrequested relief more than 30 days after the original judgment. The permanent injunction was affirmed.