Missouri Court of Appeals, Western District / Nov 22, 2022
Kathryn J. McKay vs. Gary Michael Peloza
Kathryn J. McKay filed a quiet title action against Gary Michael Peloza after he failed to close on a property purchase and subsequently filed a financing statement against her property, preventing its sale. The trial court granted summary judgment for McKay, declaring her the fee simple owner and Peloza's financing statement null and void. The appellate court affirmed, holding that Peloza's failure to properly respond to the summary judgment motion resulted in the admission of all uncontroverted material facts, and that the trial court's order, despite its title, constituted a final judgment for appellate review.