Missouri Liens Law
United States of America v. Christie Engle
Springfield, Missouri criminal defense lawyer represented the Defendant charged with mail fraud scheme in which false documents were submitted to the Missouri Department of Revenue to obtain mechanics liens and titles for vehicles that had previously been reported stolen. Christie Engle, 49, worked as an employee for Dennis Cleveland, the owner of Affordable Towing. Cleveland directed his emp... More...
$ (01-27-2026 - MO)Millstone Property Owners Association v. Nithyananda Dhyanapeetam of St. Louis
<h2><br> Hillsboro, Missouri real property lawyer represented the Plaintiff seeking to eliminate restrictive covenants.<br> </h2><br> <br> In May 2004, Essex Development Inc. executed and recorded restrictions for a tract of land in Jefferson County known as Millstone Subdivision ("the subdivision"). The stated purpose of the restrictions was to preserve the land "as a respectable and attractive... More...
$0 (12-10-2024 - MO)Beth Owen v. The Washington University
<center><h2><font color="red"> Saint Louis, MO – Employment lawyer represented Appellant with a wrongful termination claim </h2></font></b></i></center><br> <br> Owen filed a petition in the circuit court against the University on December 23, 2016. For<br> her sole cause of action, Owen alleged the University wrongfully terminated her employment in <br> violation of public policy in retali... More...
$0 (09-10-2022 - MO)United States of America v. Timothy Hood
<center><br> <img with="300" src="https://www.gsa.gov/cdnstatic/ephox_images/WhittakerCths_1426626099505.jpg"><br> </center><br> Kansas City, MO - KC Man Sentenced for Stolen Vehicle Conspiracy<br> <br> A Kansas City, Missouri, man was sentenced in federal court for his role in a conspiracy to steal high-end sport utility vehicles and pick-ups from out-of-state dealerships and transport them to Ka... More...
$0 (08-07-2019 - MO)<b>GREEN TREE SERVICING, LLC, vs. CHICAGO TITLE INSURANCE and TITLE PRO, LLC</b> <table> <td>
In January, 2004, Borrower granted a home equity deed of trust ("Home Equity Deed of <br> Trust") to Citibank, FSB, for $40,000, which Citibank recorded in March, 2004. On February 10, <br> 2005, America’s Wholesale Lender, Appellant’s predecessor insured (“Predecessor”), loaned <br> Borrower $166,800 in order to refinance a loan secured by real property located at 407 Sun Field <br> Lane... More...
$0 (10-05-2016 - MO)United States of America v. Randall Hinton and Justin Carter
St. Louis, MO - Eight Area People Sentenced on Fraud Charges Involving Motor Vehicle Titles<br> <br> RANDALL HINTON was the leader of a scheme to alter and counterfeit documents in order to obtain state issued motor vehicle titles for himself and others, and to obtain loans secured by motor vehicle titles. Hinton, of St. Louis, Missouri, was sentenced on August 11 to 136 months in prison; co-defe... More...
$0 (08-20-2015 - MO)United States of America v. Ronald L. Roberts
St. Louis, MO – Ronald L. Roberts was sentenced to 68 months imprisonment on charges of mail and wire fraud in connection with his obtaining more than a million dollars from lenders in a loan fraud scheme.<br> <br> According to court documents, Roberts solicited personal loans for a fictitious real estate transaction involving property in or around Poplar Bluff, Missouri, which Roberts clai... More...
$0 (03-13-2015 - MO)Martin E. and Mary E. McGonagle v. Stewart Title Guaranty Company, et al
Martin E. McGonagle, M.D. and his wife, Mary E. McGonagle appeal the trial court's summary judgment on their claims against Stewart Title Guaranty Company and Stewart Title Company d/b/a Central Texas Title for breach of contract, negligence, gross negligence, and violations of the Texas Insurance Code and Texas Deceptive Trade Practices Act. Bringing three issues, the McGonagles generally contend... More...
$0 (05-06-2014 - MO)Dittmer Properties v. FDIC
Dittmer Properties, L.P., Dittmer Holdings, L.L.C., Barkley Center Holdings, L.L.C., Bufurd Farrington, and UMB Bank, N.A. (collectively "Dittmer") appeal the district court's1 dismissal under Federal Rule of Civil Procedure 12(b) of their two lawsuits against a failed bank, the Federal Deposit Insurance Corporation (FDIC) as the bank's receiver, and Cathy Richards, successor personal representati... More...
$0 (02-28-2013 - MO)Bob DeGeorge Associates, Inc. v. Hawthorn Bank
Hawthorn Bank appeals the trial court's entry of summary judgment in favor of Bob DeGeorge Associates, Inc., and KD Christian Construction Company on Hawthorn Bank's claim that its purchase-money deed of trust takes priority over the mechanics' liens filed by DeGeorge and KD Christian, despite the purchase-money deed of trust being recorded after the mechanics' liens attached to the property. Hawt... More...
$0 (09-11-2012 - MO)FH Partners, LLC v. Complete Home Concepts, Inc.
This case involves a dispute over the right to collect two commercial loans issued by a bank which failed and became subject to the control of the Federal Deposit Insurance Corporation ("FDIC"). FH Partners, LLC ("FH Partners") claims it has the right to collect both loans. FH Partners appeals from the trial court's grant of summary judgment in favor of Complete Home Concepts, Inc. ("CHC"), the bo... More...
$0 (09-18-2012 - MO)Bob DeGeorge Associates, Inc. v. Hawthorn Bank
Hawthorn Bank appeals the trial court's entry of summary judgment in favor of Bob DeGeorge Associates, Inc., and KD Christian Construction Company on Hawthorn Bank's claim that its purchase-money deed of trust takes priority over the mechanics' liens filed by DeGeorge and KD Christian, despite the purchase-money deed of trust being recorded after the mechanics' liens attached to the property. Hawt... More...
$0 (09-11-2012 - MO)Riley McCoy v. The Hereshewe Law Firm, P.C.
The Hershewe Law Firm ("HLF") appeals the ruling of the circuit court of Jackson County determining the value of the law firm's claim in quantum meruit for attorneys' fees in a personal injury contingency case. HLF contends that the trial court erred in refusing to transfer the venue of the attorneys' fee determination to Jasper County, the county in which the law firm's office is located. The fir... More...
$40000 (04-10-2012 - MO)The Weitz Company v. MacKenzie House
The Weitz Company, LLC sued MacKenzie House, LLC and MH Metropolitan, LLC for breach of a construction contract. Arrowhead Contracting, Inc. and Concorde Co., Inc. are third-party defendants. MH Metropolitan counterclaimed for breach of the same contract, seeking liquidated damages and the cost to complete the project. Arrowhead also counterclaimed. The jury returned a verdict of $4,991,970.87 for... More...
$0 (01-05-2012 - MO)The Weitz Company v. MacKenzie House
The Weitz Company, LLC sued MacKenzie House, LLC and MH Metropolitan, LLC for breach of a construction contract. Arrowhead Contracting, Inc. and Concorde Co., Inc. are third-party defendants. MH Metropolitan counterclaimed for breach of the same contract, seeking liquidated damages and the cost to complete the project. Arrowhead also counterclaimed. The jury returned a verdict of $4,991,970.87 for... More...
$0 (12-08-2011 - MO)Tarika Kelly v. Marvin's Midtown Chiropractic, LLC
Marvin's Midtown Chiropractic, LLC, appeals the judgments of the trial court denying its claims for statutory liens on the proceeds of Tarika Kelly's and Marie Espino's personal injury settlements. It contends that the trial court erroneously declared that it was not entitled to a hospital lien under section 430.225, RSMo Cum. Supp. 2011, because it was not supported in whole or in part by charity... More...
$0 (11-01-2011 - MO)JAS Apartments, Inc. v. Mohamad Ali Naji
This is the second appeal by JAS Apartments, Inc. ("JAS") arising from a contract for the sale of real estate. In the first appeal, the court of appeals reversed the circuit court's judgment and remanded the case for further proceedings. The circuit court did not make the appropriate determinations of law consistent with the decision of the court of appeals in the first remand, and so this Court r... More...
$0 (11-15-2011 - MO)Crest Construction II v. John Doe
Crest Construction II, Inc. (Crest) and Metro Energy, Inc. (Metro) (collectively, Plaintiffs) brought this action against several defendants alleging violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 28 U.S.C. § 1961 et seq., and raising several state law causes of action. The district court2 granted the Defendants' motion to dismiss the RICO claim and declined to exe... More...
$0 (10-31-2011 - MO)Rick D. Lange v. Inova Capital Funding, LLC
This case concerns the bankruptcy estate of Qualia Clinical Service, Inc. ("Qualiaâ€). The estate's Chapter 7 Trustee ("Trusteeâ€) seeks to avoid as a preferential transfer a security interest recorded by one of Qualia's creditors shortly before the bankruptcy petition. The bankruptcy court2 and the Bankruptcy Appellate Panel of this court ("BAPâ€) held the security interest avoidab... More...
$0 (08-30-2011 - MO)James R. Reppy v. Gary Winters
James A. Reppy ("Reppyâ€) appeals the judgment of the Circuit Court of Clay County, Missouri ("trial courtâ€), granting Gary A. Winters"s Motion to Dismiss and to Enforce Settlement. On appeal, Reppy argues that the evidence does not support the trial court"s conclusion that the parties had achieved an agreement to settle. We agree and reverse the trial court"s judgment.<br><br><br>State... More...
$0 (08-09-2011 - MO)James R. Reppy v. Gary Winters
James A. Reppy ("Reppyâ€) appeals the judgment of the Circuit Court of Clay County, Missouri ("trial courtâ€), granting Gary A. Winters"s Motion to Dismiss and to Enforce Settlement. On appeal, Reppy argues that the evidence does not support the trial court"s conclusion that the parties had achieved an agreement to settle. We agree and reverse the trial court"s judgment.<br><br>Statement... More...
$0 (08-09-2011 - MO)Mid-City Bank v. Skyline Woods Homeowners Association
If so authorized, the purchaser of real property from a bankruptcy estate acquires title to the land "free and clear of any interest†identified in 11 U.S.C. § 363(f). After an affiliate of Liberty Building Corporation ("Libertyâ€) purchased the Skyline Woods Golf Course in Douglas County, Nebraska, from the estate of a Chapter 11 debtor, residents of the surrounding planned communit... More...
$0 (02-22-2011 - MO)The Weitz Company v. MH Washington
The Weitz Company, LLC, sued MH Washington, LLC, MacKenzie House, LLC, and Summit Steel Fabricators, Inc., for breach of contract. The jury returned verdicts for Weitz against MH Washington/MacKenzie House (for $981,976) and against Summit Steel (for $326,839). The jury also found for MH Washington/MacKenzie House on its breach-of-contract counterclaim against Weitz (for $285,400.07). The district... More...
$0 (01-07-2011 - MO)Evan Hoit v. Brent Warren Rankin and Kimberly Webb
This is an appeal from a judgment entered in a partition action. Brent Warren Rankin ("Rankin") and his wife, Kimberly Webb ("Webb"), (collectively referred to as the "Rankins")1 contend that the trial court erred when it found that the respective interests owned by the Rankins and Evan Lee Hoit and Evelyn Jeanne Hoit (the "Hoits") in a residence at 1713 Jordan Street, Kearney, Missouri (the "Hous... More...
$0 (09-28-2010 - MO)Excel Bank v. National Bank of Kansas City d/b/a Great American Acceptance Company
Excel Bank ("Excel") appeals from a summary judgment in favor of National Bank of Kansas City d/b/a Great American Acceptance Company ("GAAC") on Excel's replevin action concerning eighteen vehicles that GAAC seized from a used car dealer, Miles Truck and Auto ("Miles"). For the following reasons, we affirm.<br><br>The underlying facts are undisputed. On March 5, 2004, GAAC advanced money to Miles... More...
$0 (06-30-2009 - MO)Heather Halbach v. Great-West Life & Annuity
Great-West Life & Annuity Insurance Company appeals from the district court's grant of summary judgment reinstating benefits in favor of a class of disabled employee claimants ("Plaintiffs") receiving long-term disability benefits under an employee benefit plan provided by the company (the Plan). Plaintiffs cross-appeal, challenging the relief, or lack thereof, awarded them by the district court. ... More...
$0 (04-18-2009 - MO)Cedar Hill Hardware and Constructrion v. Insurance Corp of Hannover
A jury found that Plaintiff-Appellant Cedar Hill Hardware and Construction Supply, Inc. ("Cedar Hillâ€), was not entitled to insurance coverage for fire-related damages because Cedar Hill made material misrepresentations that voided an otherwise applicable policy. Cedar Hill appeals, arguing waiver, error in the jury instructions, and error in the district court's1 admission of evidence and i... More...
$0 (04-18-2009 - mo)Valley View Village South Improvements Association, Inc. v. Jarrell Brock, et al.
In 1974, a developer, Valley View Village South, Inc., acquired land, created a subdivision and recorded a plat of land that is the subject of this dispute. In 1975, the developer recorded a Declaration of Covenants, which provided for establishment of a property owners' association known as Valley View Village South Improvement Association, Inc.; that association was incorporated as a Missouri no... More...
$0 (02-16-2009 - MO)Jami Jo Ross v. John David Everhart, Sr., Brian Keith Everhart, Linda Schlax, and Glenda Metcalf
Jami Jo Ross (plaintiff) appeals a declaratory judgment rendered in an action she brought against Brian Keith Everhart and Linda Schlax (collectively referred to as defendants).(FN1) The petition sought determination that debts secured by real estate that would be distributed to plaintiff from a trust established by Elmer H. "Bud" Everhart (settlor) would be paid from trust assets; that the real... More...
$0 (01-30-2009 - MO)Roy L. Beavers, Jr. v. Pat McGinnis, et al.
Roy L. Beavers, Jr. ("Appellantâ€)1 brought suit against ten individuals who acted as officers and directors ("Respondentsâ€) of Recreation Association of Lake Shore Estate ("the Associationâ€). Appellant sought to recover, among other things, the attorney fees and expenses that he incurred in connection with litigating Beavers v. Recreation Association of Lake Shore Estates, Inc., ... More...
$0 (02-03-2009 - MO)United States of America, etc v. Interface Construction Corp.
When the government awarded Interface Construction Corp. ("Interfaceâ€) a substantial contract to renovate portions of a federal building in St. Louis, the Miller Act required that Interface obtain a payment bond "for the protection of all persons supplying labor and material in carrying out the work provided for in the contract.†40 U.S.C. § 3131(b)(2). Interface subcontracted elect... More...
$0 (01-29-2009 - MO)Collins & Hermann, Inc., et al. v. TM2 Construction Company, Inc., and Union Electric Company, d/b/a AmerenUE
Union Electric Company d/b/a AmerenUE ("AmerenUE") appeals from the judgment in favor of Collins & Hermann, Inc., Lawrence Excavating, Inc., Busy Bee Paving, Inc., and Construction Logistics Equipment Company (collectively "Subcontractors"). Subcontractors originally brought mechanic's liens against AmerenUE when the general contractor, TM2 Construction Company, Inc. ("TM2"), did not fully pay the... More...
$0 (09-16-2008 - MO)JCB, Inc. v. Union Planters Bank, N.A. and Machinery, Inc.
JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t... More...
$1087500 (08-26-2008 - MO)Oak Bluff Condominium Owner's Association, Inc. v. Oak Bluff Partners, Inc., and Mariner Pier 31 Yacht Club, L.L.C.
Oak Bluff Condominium Owner's Association, Inc. ("Oak Bluff") appeals from judgments denying its claims for dues, fees, and special assessments against Oak Bluff Partners, Inc. ("Partners") and Mariner Pier 31 Yacht Club, L.L.C. ("Mariner") (collectively "Respondents"). The two cases were consolidated for purposes of trial and tried to the court without a jury. We address the two appeals in one o... More...
$0 (08-23-2008 - MO)The Falls Condominiums Owners' Association, Inc. v. Roger E. Sandfort And Sonna R. Sandfort
Roger E. Sandfort and Sonna R. Sandfort ("Appellants") appeal from a judgment by the Circuit Court of Camden County on May 7, 2007, ordering Appellants to pay $13,464.38 in assessments, late fees, attorney's fees, and interest to The Falls Condominiums Owners' Association, Inc. ("Respondent"), as it relates to a property owned by Appellants and a Notice of Delinquent Assessments and Lien filed by ... More...
$0 (07-17-2008 - MO)Crabby's, Inc. v. James T. Hamilton and Paragon Ventures, L.L.C.
Buyers under a contract for sale of real estate appeal the trial court's judgment awarding Seller damages due to Buyers' breach of that contract. We affirm. <P> Standard of Review <P> This case was tried before the court without a jury. The standard of review in a court-tried case is set out in Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). Harrison v. DeHeus, 230 S.W.3d 68, 74 (Mo.App. 2007... More...
$0 (01-28-2008 - MO)<a href="http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/fbce89b470c7aebc86257310004ca936?OpenDocument" target="_new">George Weis Company v. Stratum Design-Build, Inc., et al.</a>
<P>George Weis Company ("Weis") was a subcontractor on a construction project. When Weis was not paid for its services, it sued the owner and other entities involved in the project for breach of contract and in tort. The trial court dismissed all of Weis' claims for lack of subject matter jurisdiction because it believed that section 429.300, RSMo 2000,(FN1) required Weis to raise its claims by in... More...
$0 (07-07-2007 - MO)<a href="http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/6586e30c776b5bba86256ff7006ba750?OpenDocument" target="_new">Killian Construction Co., Inc. v. Frontier Town-Missouri, Inc., et al.</a>
<P>E.T. Archer Corporation, Inc., (Archer) appeals a summary judgment that established the priority of certain liens imposed against buildings and other improvements located on real estate owned by Frontier Town-Missouri, Inc. (Frontier). The part of the judgment appealed declared that liens of Killian Construction Company, Inc., (Killian) and Dave Kolb Grading, Inc., (Kolb) took priority over Arc... More...
$0 (05-04-2005 - MO)<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/83850d877cb1685686256f3b0074ed77?OpenDocument" target="_new">Betty Jackson, d/b/a Twin City Auto v. Charlotte Cannon and Sharon Simpkins</a>
<P>Betty Jackson ("Jackson") sued Charlotte Cannon ("Cannon") and Sharon Simpkins ("Simpkins") for allegedly breaching a retail installment sales contract to purchase a used automobile. Judgment was entered against Jackson on her claim after a bench trial, and she appealed. <P>I. Standard of Review <P>Our review of this court-tried case is governed by Rule 84.13(d). (FN1) We must affirm the tria... More...
$0 (10-29-2004 - MO)<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/31e2fc423933726d86256e470061ab58?OpenDocument" target="_new">Roy L. Beavers, Jr. and Valerie E. Beavers v. Recreation Association of Lake Shore Estates, Inc.</a>
<P>Roy L. Beavers, Jr. and Valerie E. Beavers (collectively "Appellants," individually "Roy" and "Valerie," respectively) are owners or have an interest in Lots 6 and 7 of Lake Shore Estate subdivision in Laclede County, Missouri. (FN1) <P> They appeal from the judgment of the trial court dismissing their petition for declaratory judgment and injunctive relief against Respondent Recreation Assoc... More...
$0 (02-27-2004 - MO)