Joyce Elaine Bozarth Missouri Cases

Joyce Bozarth (Wife) appealed the trial court's grant of summary judgment to Edgar Bozarth (Husband) and an award of attorney's fees to Husband. The dispute centered on the interpretation of a separation agreement regarding the "sale or liquidation" of marital business entities and the division of proceeds. The appellate court reversed the trial court's judgment, holding that Husband's sale of all real property assets of the marital entities constituted a liquidation under the agreement, triggering his obligation to share proceeds with Wife. The case was remanded for entry of judgment in Wife's favor, calculation of her damages, and reasonable attorney's fees and costs.

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.