Missouri Court of Appeals, Southern District / Apr 24, 2025
MARK BECKMANN, CHERYL BECKMANN, WILLIAM ANGELL, SHERRY ANGELL, MARK EDGECOMB, MIKE EDGECOMB, GARY GARDNER, KATHY GARDNER, TOM RUTLEDGE, TARA RUTLEDGE, JERRY MAIER, BRENDA MAIER, MARK HAUPT, PAMELA HAUPT, JEFFREY ALAN PORTER, and JODY PORTER, Appellants v. JOY PHILLIPS and DANIEL JOSEPH GARNER, Respondents
Appellants sought a preliminary injunction against Respondents and posted a bond. After the circuit court ruled in favor of Respondents on the merits, it later entered judgment assessing damages on the injunction bond while the appeal on the merits was pending. Appellants appealed, arguing the circuit court lacked authority to enter the bond judgment at that time. The appellate court affirmed, finding the issue was not preserved and, even if preserved, the circuit court had authority to enter the judgment, which was stayed until the conclusion of the appeal on the merits.