Missouri Court of Appeals, Eastern District / Nov 28, 2023
Kyle Klosterman, Appellant, vs. Vacation Management Solutions, LLC, Respondent.
Kyle Klosterman sued Vacation Management Solutions, LLC (VMS) under the Missouri Merchandising Practices Act (MMPA) after VMS canceled his reservation and offered a new one at a higher price. The trial court denied Klosterman's motion for partial summary judgment and, following a bench trial, entered judgment for VMS, finding Klosterman did not purchase merchandise. The appellate court affirmed, holding that the trial court did not abuse its discretion in allowing VMS to file a late response to the summary judgment motion, and that VMS did not violate the MMPA because its terms and conditions allowed for price changes without notice.