Missouri Court of Appeals, Southern District / Apr 17, 2023
POINTE ROYALE PROPERTY OWNERS' ASSOCIATION, INC., Plaintiff-Respondent vs. RICKEY MCBROOM, Defendant-Appellant
Rickey McBroom appealed a final judgment removing him as a Director from the Pointe Royale Property Owners' Association Board under section 355.356, RSMo, and granting summary judgment against his counterclaim for indemnification. The appellate court affirmed the trial court's judgment. It found McBroom's points challenging the removal moot because he no longer owned property in the subdivision and was not seeking reinstatement, and held that his counterclaim for indemnification was incidental to the equitable claims, thus he had no right to a jury trial on it.