Missouri Court of Appeals, Southern District / Date unavailable
SCARLETT NORRIS ADAMS, AS TRUSTEE OF THE SCARLETT NORRIS ADAMS REVOCABLE TRUST, DATED APRIL 9, 2013, Appellant/Cross-Respondent v. ELIZA LAMM, Respondent/Cross-Appellant
Scarlett Norris Adams, as Trustee, appealed the trial court's failure to award attorney fees in a partition action, while Eliza Lamm cross-appealed the dismissal of her counterclaims. The appellate court found that the trial court erred by considering matters outside the pleadings and making a finding of fact when ruling on a motion to dismiss, and by incorrectly determining it lacked subject matter jurisdiction over Lamm's quiet title counterclaim. Consequently, the appellate court vacated the dismissal of Lamm's counterclaims and all subsequent orders, remanding the case for further proceedings.