Missouri Court of Appeals, Eastern District / Aug 27, 2024
Grace Herr, Ally Burke, and Majorie Alvord, Respondents, vs. Min Zhao, Appellant, Yanqun Dong, Defendant.
Min Zhao and Yanqun Dong (Landlords) appealed a judgment in favor of Grace Herr, Ally Burke, and Marjorie Alvord (Tenants) on their claims for breach of implied warranty of habitability and breach of the rental agreement. The Landlords argued the trial court erroneously applied the law by basing its judgment on de minimis conditions. The appellate court affirmed the judgment, finding that the conditions, including mold, leaks, live wires, and inoperable air conditioning, were not de minimis and materially affected the tenants' life, health, and safety. The court also denied the Tenants' motion to strike the Landlords' brief, opting to review the appeal on its merits despite Rule 84.04 violations.