Missouri Court of Appeals, Eastern District / Aug 28, 2018
Russell Clark and Bart Mantia, Plaintiffs/Counterclaim-Respondents, vs. Gregory Kinsey, Defendant/Counterclaim-Appellant.
Gregory Kinsey appealed the trial court's dismissal of his counterclaim for attorney's fees against Russell Clark, which Kinsey sought based on a prevailing party provision in a Shareholders' Agreement. Kinsey argued he was entitled to fees after prevailing on summary judgment against Clark in a prior appeal. The appellate court affirmed the dismissal, holding that the trial court lacked jurisdiction to award attorney's fees because Kinsey failed to request them until after the appellate court's mandate had issued in the previous case.