Missouri Court of Appeals, Eastern District / Jun 10, 2025
Aaron Roesch sued Brittany Sheffer and Peace, Love, Sold, LLC, seeking to enforce an oral agreement for the sale of real property through a constructive trust. Roesch alleged Sheffer agreed to purchase a property for his benefit and then sell it to him, but later demanded a significantly higher price. The trial court dismissed Roesch's petition, citing the statute of frauds and failure to state a claim. The appellate court affirmed the dismissal, holding that Roesch failed to adequately plead a constructive trust claim because he did not allege Sheffer accepted his tendered payment, which is necessary to establish unjust enrichment.
Missouri Court of Appeals, Eastern District / Mar 4, 2025
Drew B. Carter (Husband) appealed the dissolution of marriage judgment, challenging the calculation of spousal maintenance, imputation of his income for child support, the order to pay private school tuition, and the characterization of a trust account as marital property. The appellate court reversed the trial court's calculation of Wife's net income for maintenance, agreeing that it was incorrectly reduced by itemized deductions and a child tax credit. However, the court affirmed the trial court's decisions regarding Husband's imputed income, the private school tuition order, and the classification of the trust account as marital property. The case was remanded for recalculation of maintenance and child support consistent with the corrected income.
Missouri Court of Appeals, Eastern District / Jul 30, 2024
Diane Broy appealed a trial court judgment that found she breached her fiduciary duties as her mother's attorney-in-fact, engaged in self-dealing, and failed to maintain her mother's estate plan, awarding damages and imposing a constructive trust in favor of her siblings, David Broy and Lisa Lyon. The appellate court affirmed the findings of breach of fiduciary duty and the siblings' standing as "successors in interest" under Section 404.717. However, it reversed the imposition of the constructive trust, finding insufficient evidence to identify a specific res, and instead entered a money judgment for the siblings and remanded for a determination of appellate attorney's fees.
Missouri Court of Appeals, Southern District / Jun 6, 2024
Jerry Keith Baker, individually and as successor co-trustee, appealed the trial court's judgment in a dispute over trust assets. He argued the trial court erred by excluding evidence of statements made by Jerry D. Baker about cash in a safe and by dismissing Yvonne Suzette Peters as a necessary party, violating her due process rights. The appellate court affirmed the trial court's judgment, finding no prejudice from the excluded evidence as it was cumulative, and that Keith lacked standing to raise Suzette's due process claim, while his necessary party argument was unpreserved.
Missouri Court of Appeals, Eastern District / Apr 16, 2024
Yvonne Bohac Allen appealed from a probate court's judgment instructing Parkside Financial Bank & Trust on the administration of a Trust. Allen's appeal alleged conspiracy, fraud, bias, and constitutional violations, requesting a mistrial or negation of all orders. The appellate court dismissed the appeal because Allen's brief failed to comply with Rule 84.04's mandatory briefing requirements, despite being given multiple opportunities to amend.
Missouri Court of Appeals, Eastern District / Dec 26, 2023
NeuroRestorative appealed the probate division's order setting aside a consent judgment that resolved claims against Tammy Huelsing, individually and as guardian/conservator for her daughter Ashlee, and as co-trustee of Ashlee's supplemental needs trust. Huelsing moved to dismiss the appeal for lack of a final, appealable judgment. The appellate court sustained Huelsing's motion, holding that the order setting aside the consent judgment was not a final, appealable judgment because it did not fully dispose of all issues or adjudicate the rights of all parties, as claims against Wells Fargo and reinstated claims against Huelsing remained pending. Consequently, NeuroRestorative's appeal was dismissed for lack of jurisdiction.
Missouri Court of Appeals, Western District / Dec 19, 2023
The Beneficiaries of the John T. Riead, Jr. Revocable Trust sought to remove John T. Riead III as co-trustee for alleged breaches of fiduciary duty, while Riead III filed a counterclaim for instructions from the court. The trial court denied the Beneficiaries' petition, granted Riead III's counterclaim, and ordered all parties' attorney fees paid from the Trust. On cross-appeals, the appellate court affirmed the trial court's judgment, finding no error in the denial of the Beneficiaries' claims or the granting of Riead III's counterclaim. The court also affirmed the award of attorney fees from the Trust, but remanded for the sole purpose of calculating Riead III's appellate attorney fees.
Missouri Court of Appeals, Southern District / Sep 7, 2023
Carmen E. Wood appealed the entry of summary judgment in favor of Millsap & Singer, P.C. on her claims for breach of fiduciary duty and punitive damages. Wood argued the trial court erred by granting summary judgment on such a claim and by relying on a prior appellate decision involving a co-defendant, Bank of America. The appellate court affirmed, holding that summary judgment is permissible for breach of fiduciary duty claims and that the prior decision constituted binding law of the case. The court also found Wood's fourth point on appeal deficient due to multifariousness and lack of record references.
Missouri Court of Appeals, Southern District / Apr 28, 2023
Jeffrey Baldwin appealed the trial court's judgment denying his petition and granting Jan Baldwin's counter/cross-claim for reformation of the Roger Woodard Baldwin Revocable Trust. Jeff argued Jan's reformation claim was barred by a two-year statute of limitations and by the doctrine of laches. The appellate court affirmed the trial court's judgment, holding that the ten-year statute of limitations applied to reformation claims, not the two-year trust contest statute, and that Jan's claim was not barred by laches as Jeff failed to show special facts demanding extraordinary relief or prejudice.
Missouri Court of Appeals, Western District / Feb 21, 2023
Appellants, beneficiaries of the H. Boone Porter Trust, appealed the circuit court's judgment denying their request to remove H. Boone Porter, III, as individual co-trustee and to appoint a corporate co-trustee. The appellate court affirmed the denial of the request to remove Boone as trustee, finding substantial evidence supported the circuit court's finding that Boone acted in good faith and did not breach his fiduciary duties. However, the court reversed and remanded the denial of the request to appoint a corporate co-trustee, holding that the trust instrument provided Appellants independent authority to seek such an appointment regardless of a breach of trust.
Missouri Court of Appeals, Southern District / Jan 27, 2023
Julie Ann Thomas initiated a suit as a beneficiary of several trusts, leading to a "Safe Harbor" determination by the trial court that no-contest clauses did not apply to her suit. Appellants Kurt H'Doubler and Sarah Muegge, beneficiaries and trustees, attempted an interlocutory appeal from this determination. The appellate court dismissed the appeal, holding that the appellants failed to timely file their notice of appeal within 10 days of the initial immediately appealable order, and a subsequent duplicate order did not extend the filing period.
Missouri Court of Appeals, Southern District / Jan 6, 2023
Louie Keen, a trust beneficiary, appealed the denial of his motion for partial summary judgment on a petition seeking a determination of the applicability of a trust's no-contest clause under the "safe harbor" provision of § 456.4-420.1. The appellate court dismissed the appeal for lack of jurisdiction. It held that an order denying a motion for summary judgment on a safe harbor petition is not an "order or judgment determining a petition" as required for appeal under § 456.4-420.3, because such a denial means the issue remains pending and undetermined.
Missouri Court of Appeals, Eastern District / Nov 22, 2022
Howard Weber and Ducks Unlimited, Inc. appealed a trial court order finding their requests for an accounting and appointment of a special fiduciary violated a trust's no-contest clause, thereby forfeiting their beneficial interests. The appellate court reversed in part, holding that a request for an accounting does not violate the no-contest clause. However, the court affirmed in part, concluding that seeking to appoint a special fiduciary to replace the explicitly named trustee does violate the no-contest clause.
Missouri Court of Appeals, Western District / Jun 28, 2022
Richard L. Brown filed a pro se appeal from a probate court order denying eight post-judgment motions related to the final distribution of the Brown family estate, including partnership terminations and attorney's fees. The Court of Appeals dismissed the appeal, finding that Brown failed to remedy significant briefing shortcomings under Rule 84.04, which precluded meaningful review of the merits. The court also granted the Trustee Respondents' motion for sanctions and remanded the case for the probate court to determine and award reasonable fees and costs incurred on appeal.
Missouri Court of Appeals, Southern District / Jun 9, 2022
Carmen E. Wood appealed the trial court's grant of summary judgment in favor of Bank of America (BANA) and the release of a lis pendens. Wood argued that BANA breached a fiduciary duty related to a property held in a revocable living trust, and also sought exemplary or punitive damages. The appellate court affirmed the trial court's judgment, concluding that no fiduciary duty existed between BANA as a lender and Wood as a borrower, and that the claim for punitive damages failed as it was contingent on the breach of fiduciary duty claim.
Missouri Court of Appeals, Southern District / May 24, 2022
Cynthia Becking and her son, Dustin K. Neeley, disputed the interpretation of a trust regarding the distribution of principal and the appointment and removal of trustees. The circuit court granted partial summary judgment limiting principal distributions to extraordinary medical expenses and, after a trial, approved Mother's trustee appointment, removed Son as trustee, and awarded attorney fees. The appellate court affirmed the limitation on principal distributions but reversed the approval of Mother's trustee appointment and Son's removal, remanding the attorney fee award for reconsideration.
Missouri Court of Appeals, Southern District / May 10, 2022
Kelly Hall appealed the trial court's judgment in his marriage dissolution action, arguing the court erred by denying his motions to reopen evidence regarding his ex-wife Tracy Hall's receipt of substantial nonmarital trust proceeds. The appellate court found the trial court abused its discretion by refusing to reopen the evidence, as the alleged nonmarital property could significantly impact the division of marital assets. The judgment was vacated and remanded with directions for the trial court to receive evidence on the wife's trust proceeds and conduct further proceedings.
Missouri Court of Appeals, Western District / Apr 26, 2022
Richard Brown appealed the dismissal of his petition to enforce arbitration, which was part of extensive, long-running litigation concerning trusts and trust assets. The appellate court struck Brown's amended brief for multiple, significant violations of Rule 84.04, noting it was his second deficient brief in this appeal. Consequently, the court dismissed the appeal without reaching the merits. The court also found the appeal frivolous under Rule 84.19 and remanded the case to the trial court to determine an appropriate award of attorney's fees to Respondent Cooper.
Missouri Court of Appeals, Southern District / Mar 2, 2022
Johnathan Boswell appealed the trial court's grant of summary judgment in favor of trustees, siblings, and Independent Stave Company, LLC, in a trust action. Boswell had alleged breach of trust, tortious interference with an inheritance expectancy, unjust enrichment, and money had and received. The trial court granted summary judgment, finding the breach of trust claim barred by a five-year statute of limitations and all other claims barred by claim preclusion. The appellate court affirmed the judgment, concluding that Boswell failed to properly dispute material facts under Rule 74.04 and was bound by his admissions regarding the trust's termination, and that the trial court did not err in applying claim preclusion or in not ruling on the defense of release.
Missouri Court of Appeals, Western District / Jan 4, 2022
Plaintiffs, prospective beneficiaries of a trust, sued Turnbull Conway, P.C. and Stephen Conway for legal malpractice, alleging the attorneys negligently failed to timely draft and secure execution of amendments to Howard L. Walz's trust before his death. The trial court dismissed the petition for failure to state a claim. On appeal, the Missouri Court of Appeals, Western District, affirmed the dismissal, declining to extend the Donahue exception to attorney-client privity to prospective beneficiaries of unexecuted testamentary documents.
Missouri Court of Appeals, Southern District / Oct 14, 2021
Joyce Camp McDermot appealed the denial of her eight-count petition, which sought to challenge prior conservatorship rulings that replaced her as successor trustee and beneficiary of the Barbara J. Hilderbrand Revocable Trust. The trial court declined declaratory relief, found against her on other claims, and refused to quiet title to Hilderbrand's residence in her favor. The appellate court affirmed, holding that McDermot had an adequate remedy at law by appealing the conservatorship rulings and that her claims constituted an impermissible collateral attack on those final judgments.
Missouri Court of Appeals, Eastern District / Aug 24, 2021
Bruce S. Schlafly appealed the dismissal of his claims against Anne S. Cori for abuse of process, stemming from Cori's prior litigation challenging amendments to their mother's revocable trust. Schlafly alleged Cori's trust suit was an improper use of process to achieve collateral, unlawful ends. The appellate court affirmed the dismissal, holding that Cori's challenge to the trust terms was an authorized use of process, and Schlafly's allegations of improper motive did not establish an improper use of process.
Missouri Court of Appeals, Western District / Aug 3, 2021
Patricia Brown appealed the dismissal of her petition seeking a constructive trust against her family members regarding real estate her father conveyed to them via a beneficiary deed in 2001. The circuit court dismissed the petition, finding Brown's claims were barred by the statute of limitations. The appellate court affirmed, holding that the ten-year statute of limitations began to run when the beneficiary deed was recorded in 2001, providing constructive notice, and that the continuing wrong exception did not apply to the alleged loss of rental income.
Missouri Court of Appeals, Southern District / Jul 13, 2021
Terry Brackney, a domiciliary foreign personal representative for Renate Mack's Estate, appealed the denial of his counterclaims for quiet title and constructive trust regarding real estate in Ozark County. The trial court had applied a one-year statute of limitations for admitting a will to probate, finding the claims time-barred. The appellate court reversed the denial of the quiet title claim, holding that the one-year statute of limitations does not apply to quiet title or constructive trust actions brought by a DFPR who has properly filed their appointment. However, the court affirmed the denial of the constructive trust claim on its merits and dismissed the claim for attorney's fees due to lack of preservation.
Missouri Court of Appeals, Eastern District / Jul 6, 2021
Chad G. Jacobs, Derek T. Jacobs, and Trisha H. Jacobs (Beneficiaries) appealed a judgment requiring them to pay $495,088.95 to the decedent's estate, stemming from a commercial lease guarantee. The trial court found that Stone & Alter Real Estate Company, a creditor, had timely presented its claim to the trustee of the Shawn E. Jacobs Living Trust, and that the trust assets were subject to creditor claims. The appellate court affirmed the trial court's judgment, holding that Stone's communications were sufficient to present its claim under Section 456.5-505.5, and dismissed the beneficiaries' second point on appeal for failure to comply with Rule 84.04(d).
Missouri Court of Appeals, Southern District / Jun 14, 2021
Julie Ann Thomas, a trust beneficiary, appealed the trial court's grant of summary judgment against her and an award of attorney fees to the trustees. Thomas had filed a second amended petition, then a third amended petition, seeking a safe harbor determination regarding no-contest clauses in the trusts. The appellate court reversed the summary judgment, holding that the trial court erred by granting summary judgment based on the superseded second amended petition without first issuing a safe harbor determination on the operative third amended petition. Consequently, the attorney fees award, which was premised on the erroneous summary judgment, was also reversed.
Missouri Court of Appeals, Eastern District / Jun 4, 2021
Patricia Berezo appealed the trial court's grant of summary judgment and motion to dismiss, which denied her access to funds in her late husband's trust and awarded attorney's fees to the successor trustee. She argued she was a trust beneficiary as "Grantor's wife," that a proposed amendment to the trust was valid, and that she was an an omitted spouse entitled to invade the trust. The appellate court affirmed, finding the trust unambiguously limited benefits to the first wife, the amendment was not properly executed, and the omitted spouse statute did not allow her to invade the trust. The court also affirmed the award of attorney's fees to the successor trustee.
Missouri Court of Appeals, Western District / May 25, 2021
Plaintiffs Emily Riegel, Allan Pickert, and Joann Pickert initiated a wrongful death and fraudulent conveyance action against David Jungerman and others, alleging Jungerman killed attorney Thomas Pickert and conspired to hide assets. A partial settlement was reached, which Jungerman, as alleged trustee of the Jungerman Family Irrevocable Trust, objected to, claiming he had standing. The trial court overruled his objection, finding he lacked standing. The appellate court dismissed Jungerman's appeal, concluding he was not an aggrieved party and therefore lacked standing to challenge the settlement.
Supreme Court of Missouri / Apr 6, 2021
David and Gale Collison sought a sales tax credit for a replacement vehicle after their original car was declared a casualty loss. The Administrative Hearing Commission denied the credit, finding that a revocable trust, not the Collisons, owned the new vehicle, while the Collisons owned the replaced one. On appeal, the Collisons argued they and the trust were the same entity for credit purposes. The Missouri Supreme Court affirmed the AHC's decision, holding that Missouri law distinguishes between natural persons and trusts, making them legally separate owners for the sales tax credit.
Missouri Court of Appeals, Western District / Mar 16, 2021
Howard and Darrell Smith, individually and as co-trustees of the Virginia Marie Smith Revocable Trust, filed a declaratory judgment action to set aside an amendment to the Trust, alleging Virginia lacked capacity and was unduly influenced by Roger Smith and Lavonne Morrisey. A jury found in favor of Howard and Darrell, concluding the Trust Amendment was invalid due to lack of mental capacity and undue influence. Roger and Lavonne appealed, challenging the sufficiency of the evidence for undue influence and the trial court's decision to grant a jury trial. The appellate court affirmed the trial court's judgment, finding substantial evidence supported the undue influence claim and that a jury trial was appropriate for factual issues in a declaratory judgment action.