Missouri Court of Appeals, Eastern District / Aug 9, 2022
Premier Valet, LLC, Respondent, v. Premier Valet Services, LLC, and Brian Canavan, Appellants.
Premier Valet Services, LLC, and Brian Canavan appealed the trial court's grant of summary judgment in favor of Premier Valet, LLC, on a breach of promissory note and guaranty claim. Defendants argued that the COVID-19 pandemic rendered their performance impossible. The appellate court affirmed the summary judgment, holding that the impossibility defense failed because Defendants did not demonstrate they took virtually every action possible to perform the note. The court also remanded the case for the trial court to determine an award of attorney's fees incurred on appeal.