Missouri Court of Appeals, Southern District / Jan 22, 2025
MIKE SEITZ, Appellant v. ADVANCED WELDING & MANUFACTURING, INC., D/B/A ADVANCED WELDING & ORNAMENTAL IRON, Respondent
Appellant Mike Seitz sued Advanced Welding & Manufacturing, Inc. for breach of contract and a violation of the Missouri Merchandising Practices Act (MMPA) regarding a gate installation, while Advanced Welding counterclaimed for the unpaid balance and attorney's fees under the Private Prompt Pay Act. Following a bench trial, the trial court entered judgment for Advanced Welding on all claims, awarding attorney's fees and interest. The appellate court affirmed the trial court's judgment, finding that Seitz's arguments regarding attorney's fees and UCC preemption were not preserved for review, and his MMPA claims failed due to reliance on factual inferences contrary to the judgment without following the proper analytical framework for challenging factual findings.