Missouri Court of Appeals, Western District / Oct 8, 2019
Tom Burke vs. Carmen McHenry and Jacob McHenry
Tom Burke appealed a judgment from the Circuit Court of Platte County that awarded Carmen and Jacob McHenry attorney's fees and lost rental income from a supersedeas bond Burke had posted. The supersedeas bond was related to an earlier quiet title action where the McHenrys prevailed. The appellate court reversed the award of attorney's fees, finding they were not recoverable from the bond as damages for delay or costs of appeal. However, the court affirmed the award of lost rental income, concluding it was supported by substantial evidence.