Fidelity Real Estate Company Missouri Cases

Joyce Norman and Marsha Eaton (Tenants) appealed the lower court's grant of summary judgment in favor of Fidelity Real Estate Company (Landlord) in a contract action arising from a landlord/tenant relationship. Tenants argued that summary judgment was improperly granted due to inconsistencies in Landlord's exhibits and that the award of attorney's fees, costs, and interest via a nunc pro tunc order was improper. The appellate court affirmed, holding that the "nunc pro tunc" order was an amended judgment the trial court had jurisdiction to issue, and that summary judgment was proper because a prior case relied upon by Tenants was wrongly decided under the current summary judgment rules, and Tenants' response was ineffective.