Missouri Court of Appeals, Eastern District / Aug 19, 2025
Matt Tarrillion appealed a trial court's judgment in favor of Body Treats Etc., LLC, in an unlawful detainer action. Body Treats claimed Tarrillion was a month-to-month sublessee, while Tarrillion argued he was a co-tenant under a written lease. The appellate court denied Body Treats' motion to dismiss for mootness and reversed the trial court's judgment, finding that the written lease clearly established Tarrillion as a co-tenant with equal rights to possession, making the unlawful detainer judgment against the weight of the evidence.
Missouri Court of Appeals, Western District / Jun 17, 2025
S.M. filed a petition for an Adult Order of Protection against her former tenant, Curtis Deierling, alleging stalking. The circuit court granted the full order of protection, which Deierling appealed, arguing insufficient evidence of stalking and that the appeal was moot due to the order's expiration. The appellate court affirmed, holding that the public interest exception to mootness applied and that there was sufficient evidence to support the finding of stalking under the Adult Abuse Act.
Missouri Court of Appeals, Eastern District / Jun 17, 2025
Lisa White appealed a circuit court judgment granting Ridgetop Manor, LLC possession of an apartment in an unlawful detainer action. White argued that Ridgetop failed to comply with statutory service of process requirements and that she did not waive her jurisdictional defense by filing a counterclaim. The appellate court reversed the judgment, holding that Ridgetop violated § 534.090 by not attempting personal service before other methods and that White preserved her jurisdictional defense. The case was remanded with instructions to dismiss without prejudice.
Missouri Court of Appeals, Western District / Apr 29, 2025
Fletcher Automotive No. 28, LLC, appealed the trial court's judgment granting summary judgment to RFJ Auto Properties, LLC, in a dispute over a commercial lease's termination date. The trial court had certified its judgment as final for appeal under Rule 74.01(b). The appellate court, however, determined it lacked jurisdiction because the trial court's judgment was not a final, appealable judgment, as it did not dispose of a distinct judicial unit. Consequently, the appeal was dismissed.
Missouri Court of Appeals, Western District / Dec 17, 2024
Tenants Derek Fuemmeler and Steven Cleeton appealed the trial court's grant of summary judgment to Mike and Mark Farms, LLC, et al. (Tregnago Defendants) and John and Cindy Winkleblack (Winkleblacks), and the denial of their own motion for summary judgment. The dispute centered on whether two farm leases satisfied the statute of frauds, Section 432.010, RSMo. The appellate court reversed and remanded, holding that the leases provided sufficient means to identify the properties with reasonable certainty, thereby satisfying the statute of frauds. The court also noted that summary judgment was improperly granted to non-moving parties.
Missouri Court of Appeals, Eastern District / Aug 27, 2024
Min Zhao and Yanqun Dong (Landlords) appealed a judgment in favor of Grace Herr, Ally Burke, and Marjorie Alvord (Tenants) on their claims for breach of implied warranty of habitability and breach of the rental agreement. The Landlords argued the trial court erroneously applied the law by basing its judgment on de minimis conditions. The appellate court affirmed the judgment, finding that the conditions, including mold, leaks, live wires, and inoperable air conditioning, were not de minimis and materially affected the tenants' life, health, and safety. The court also denied the Tenants' motion to strike the Landlords' brief, opting to review the appeal on its merits despite Rule 84.04 violations.
Missouri Court of Appeals, Eastern District / Apr 30, 2024
Westfall Plaza WCR MO, LLC, appealed the circuit court's judgment setting aside a default judgment entered in its favor against SJB Restaurant Group, LLC, and its guarantor, Cortez Burnett. Westfall argued that the circuit court erred because Respondents failed to establish good cause or a meritorious defense under Rule 74.05(d). The appellate court reversed and remanded, holding that Burnett's mere testimonial denial of service was insufficient to meet the clear and convincing evidence standard required to impeach a presumptively valid sheriff's return, thus failing to establish good cause.
Missouri Court of Appeals, Eastern District / Mar 19, 2024
Monica Jackson appealed the trial court's judgment in favor of Annie Sykes regarding a security deposit dispute. The Eastern District of the Missouri Court of Appeals dismissed the appeal because Jackson, acting pro se, failed to comply with the mandatory appellate briefing requirements of Rule 84.04. Specifically, her brief contained an argumentative statement of facts with inadequate record references, multifarious points relied on, and deficient argument sections that failed to specify the correct standard of review or adequately support legal assertions.
Missouri Court of Appeals, Eastern District / Mar 12, 2024
Pro Basement, Inc. and Lawrence Otte (Appellants) appealed the trial court's denial of their motion to set aside a default judgment entered against them for breach of lease and unlawful detainer. The Appellants argued the trial court abused its discretion because they presented meritorious defenses. The appellate court reversed and remanded, holding that the Appellants established a meritorious defense, which required the default judgment to be set aside.
Missouri Court of Appeals, Western District / Dec 12, 2023
Amanda Everett sued Valerie Vance and Beverley Vance, seeking to set aside a prior consent judgment and garnishment orders, alleging they were fraudulently procured by Valerie Vance. The circuit court vacated the prior judgment, enjoined Valerie Vance, and awarded Everett damages. On appeal, the Court of Appeals dismissed Beverley Vance's appeal for lack of standing because claims against her were voluntarily dismissed before judgment. The court affirmed the judgment against Valerie Vance, rejecting her arguments regarding personal jurisdiction, subject matter jurisdiction, and the trial court's authority to entertain an independent action for fraud.
Missouri Court of Appeals, Eastern District / Sep 12, 2023
David Hutchinson, a tenant in an underlying action seeking to terminate his tenancy, filed a motion for change of judge which the associate circuit judge, Antonio M. Manansala, overruled as untimely. Hutchinson then sought a writ of prohibition, arguing his motion was timely filed. The appellate court agreed, holding that the motion was timely under § 517.061, RSMo, because it was filed more than five days before the final trial setting. Consequently, the court made the preliminary writ of prohibition permanent, finding the respondent judge lacked authority to proceed.
Missouri Court of Appeals, Western District / Jul 25, 2023
Ken Auman appealed pro se from a circuit court judgment granting summary judgment to Janiece Richard on her unlawful detainer claim. Auman's initial and amended briefs were found to be substantially deficient, failing to comply with Rule 84.04's mandatory appellate briefing requirements. Consequently, the appellate court dismissed the appeal, stating it could not reach the merits without speculating or acting as Auman's advocate.
Missouri Court of Appeals, Western District / May 16, 2023
Latanya Haywood appealed from a consent judgment entered in an unlawful detainer action filed by her former landlord, Pendragon Properties, LLC. Haywood contended the circuit court erred in several rulings, including denying a change of judge and awarding unsupported damages. The appellate court dismissed the appeal, holding that Haywood had no right to appeal because she consented to the judgment and was therefore not an aggrieved party.
Missouri Court of Appeals, Eastern District / May 9, 2023
Yes Chancellor Farms, LLC, a mobile home park owner, sued Vicki Merkel and other residents for rent and possession, and the trial court granted summary judgment, including attorney fees against all defendants. On appeal, the Eastern District affirmed the summary judgment for rent and possession and the award of attorney fees against the Estate of Vicki Merkel. However, the court reversed the award of attorney fees against the other individual residents, finding no contractual or statutory basis for such an award against non-tenants. The case was remanded for further proceedings consistent with the opinion.
Missouri Court of Appeals, Eastern District / May 2, 2023
LT Group USA, LLC filed an unlawful detainer action against Mounanet Clark, and the trial court entered judgment in favor of LT Group. Clark appealed, but the appellate court dismissed the appeal due to numerous serious briefing deficiencies. The court found that Clark's pro se brief failed to comply with multiple mandatory requirements of Rule 84.04, including the statement of facts, points relied on, argument sections, and the appendix. Consequently, the court declined to reach the merits of the case.
Missouri Court of Appeals, Western District / Dec 6, 2022
Joemo Holdings, LLC (Landlord) sued Unique Creations Salon, LLC (Tenant) for rent and possession, to which Tenant counterclaimed for negligence and breach of contract. The trial court found in favor of the Landlord, and Tenant appealed. The appellate court dismissed the appeal, holding that it lacked jurisdiction because the Tenant should have sought a trial de novo under section 512.180.1, as the case was tried without a jury before an associate circuit judge under Chapter 535. The matter was remanded for a determination of appellate attorney's fees.
Missouri Court of Appeals, Western District / Sep 20, 2022
Neil Steiner appealed pro se from a summary judgment granted to Jack Murphy on an unlawful detainer claim. The appellate court dismissed the appeal because Steiner's brief failed to comply with the mandatory requirements of Rule 84.04, specifically regarding points relied on, argument development, and the statement of facts. The court noted that Steiner had previously been given an opportunity to rectify similar deficiencies but failed to do so adequately.
Missouri Court of Appeals, Eastern District / Aug 30, 2022
Green Street 2900 Investors, LLC, initiated an unlawful detainer action against The St. Louis Woodworks, Inc., after Woodworks remained on the leased property past the lease expiration date. The trial court granted summary judgment for Green Street, concluding that Woodworks' option to renew the lease was unenforceable due to an indefinite rental rate. The appellate court affirmed, holding that the fourth amendment to the lease, which required a "negotiated and agreed" market rate, superseded the original lease's market rent calculation and constituted an unenforceable "agreement to agree."
Missouri Court of Appeals, Western District / Jun 28, 2022
Timika Bates appealed a judgment in favor of Voepel Property Management Inc. in an unlawful detainer action. Bates argued the trial court failed to consider her defense regarding a breach of habitability. The appellate court dismissed the appeal because Bates failed to provide a transcript of the trial court proceedings, which made it impossible to review her claims of error.
Missouri Court of Appeals, Western District / Apr 12, 2022
A.R.R. appealed the circuit court's grant of summary judgment to Tau Kappa Epsilon Fraternity, Inc. and TKE Delta Nu House Association on her claims of premises liability, negligent supervision, and general negligence. A.R.R.'s claims stemmed from an alleged sexual assault at a fraternity Halloween party. The appellate court affirmed the summary judgment, finding that the defendants did not owe a duty to A.R.R. under any of her asserted theories of liability.
Missouri Court of Appeals, Eastern District / Dec 28, 2021
J&M Securities, as assignee of The Century Group, Inc., sued Nikki Kennedy to recover amounts owed under a residential lease agreement. Kennedy asserted a counterclaim for breach of warranty of habitability, failure to return a security deposit, and set-off. The circuit court found Kennedy owed J&M $813.00 but also found J&M owed Kennedy $1,005.00, resulting in a net judgment of $192.00 in favor of Kennedy. The appellate court reversed and remanded, holding that a money judgment cannot be entered against an assignee for an amount exceeding the assignee's claim, where the overpayment was made to the assignor.
Missouri Court of Appeals, Western District / Dec 7, 2021
Douglas and Kyle Barnes appealed a summary judgment granting Joe D. Brown, as Successor Trustee of the George E. Heard Revocable Trust, possession of real property in an unlawful detainer action. The Barneses resided on the property under an oral agreement to perform maintenance. The appellate court affirmed the trial court's judgment, finding that a landlord-tenant relationship existed, the tenancy was properly terminated, and the Barneses' claims regarding title or a gift of the property were not cognizable in an unlawful detainer action. The court also held that the unlawful detainer claim was not barred by the statute of limitations.
Missouri Court of Appeals, Eastern District / Nov 16, 2021
Theresa Marie Barbero, a pro se appellant, appealed a judgment entered by the Circuit Court of Pike County in favor of Wilhoit Properties, Inc., following a bench trial on her claims including negligence, harassment, and discrimination. The appellate court dismissed the appeal, finding that Barbero's brief and the record she compiled contained numerous and substantial violations of Supreme Court Rules 81.12, 84.04, and 84.13. These procedural deficiencies prevented the court from competently reviewing the merits of her appeal.
Missouri Court of Appeals, Eastern District / Sep 14, 2021
Danielle Goser purchased real property at a sheriff's sale following an execution on a money judgment against David Boyer, who resided at the property. Goser then filed an unlawful detainer action to gain possession, which the trial court granted. On appeal, the Eastern District reversed, holding that Goser lacked standing to bring an unlawful detainer action because the sale was not a foreclosure on a mortgage or deed of trust, and Goser did not have prior possession of the property as required for the intruder class.
Missouri Court of Appeals, Western District / Jul 27, 2021
Jack Murphy, as agent and owner of Dahle's Property Solutions, LLC, sought possession and damages from Neil and Deborah Steiner on theories of unlawful detainer and rent and possession. The trial court granted summary judgment to Murphy on the unlawful detainer claim, awarding possession and monetary damages. On appeal, the Western District dismissed the appeal, holding that the trial court's judgment was not final because it failed to resolve the pending rent and possession claim and the Steiners' affirmative claim for relief.
Missouri Court of Appeals, Southern District / Jul 27, 2021
Christine and Greg O'Connell filed an unlawful detainer action against Leechia Raquel Deering, their former tenant, seeking immediate possession, unpaid rent, late fees, and attorney fees. The trial court ruled in favor of the O'Connells on all claims. On appeal, the Southern District of Missouri Court of Appeals reversed the judgment regarding immediate possession, late fees, and attorney fees, finding that Deering became a month-to-month tenant by the terms of the lease and was not given proper notice to vacate under Missouri law. The court affirmed the award for unpaid rent and remanded the case for an amended judgment.
Missouri Court of Appeals, Western District / Jul 27, 2021
Melissa K. Espinosa, as trustee, sued Eric and Veronica Baker for unlawful detainer after they failed to vacate premises following the mutual termination of their lease due to a mold infestation. The trial court awarded Espinosa possession, statutory double damages, physical damages, and attorney fees. On appeal, the Bakers challenged the classification of their tenancy and attempted to raise a warranty of habitability claim. The appellate court affirmed the trial court's judgment, holding that the Bakers were holdover tenants and that a warranty of habitability claim is outside the scope of an unlawful detainer action. The court also denied Espinosa's motion for attorney fees on appeal.
Missouri Court of Appeals, Eastern District / May 4, 2021
J & M Securities, LLC sued Hani S. Aziz and Sanaa A. Kahalah-Aziz for damages related to a residential lease agreement, seeking reimbursement for repairs and cleaning. The trial court granted summary judgment for the tenants, concluding the claim was time-barred by the five-year statute of limitations. On appeal, J & M Securities argued the ten-year statute of limitations for actions upon a written promise to pay money should apply. The appellate court affirmed, holding that the lease's reimbursement clauses were conditional promises, not an unconditional acknowledgment of indebtedness, thus the five-year statute of limitations correctly applied.
Missouri Court of Appeals, Southern District / Dec 9, 2020
Willard Schnurbusch appealed a summary judgment in an unlawful detainer action that awarded immediate possession of property to West Plains Regional Animal Shelter. The appellate court dismissed the appeal as moot. The court found that Schnurbusch voluntarily surrendered possession of the property before a writ of possession was issued, thereby acquiescing to the trial court's judgment.
Missouri Court of Appeals, Western District / Sep 15, 2020
Michelle Eickhoff sued her landlords, Douglas and Rhonda Gelbach, for injuries sustained after falling down a staircase without a handrail at their rental property. The circuit court granted summary judgment for the Gelbachs on claims of general negligence, negligence per se, premises liability, and loss of consortium. The appellate court reversed and remanded, finding genuine issues of material fact regarding the landlords' retained control over the property and holding that city ordinances can define a landlord's common law duty for negligence claims. However, the court denied the claim that the landlord had a duty to disclose the ordinance, as the lack of a handrail was discoverable by the tenants.