The City of Brentwood, a Municipal Corporation Plaintiff v. Barron Holdings International, LTD.

Appellant, Barron Holdings International, LTD., L.L.C (Barron) appeals from the trial court order involving the distribution of monies paid into the registry of the court as damages for the taking of real property by Respondent, The City of Brentwood, a Municipal Corporation (City).(FN1) Barron contends the trial court erred in that it was not given proper notice, the trial court's order was not based on competent evidence and the trial court erred in finding that Defendant Concord Bank (Bank) had foreclosed on the interests of Barron, in that Bank held no deed of trust due to the City's taking of the property. We dismiss.(FN2)

Barron was the record title-holder of property in Brentwood and Bank was the mortgagee of property's prime mortgage, when City filed an eminent domain action in the Circuit Court of St. Louis County on August 29, 2000. The trial court issued Findings of Facts and a Decree of Condemnation on September 21, 2000 and appointed three commissioners to value the property. The commissioners valued the property at $1,240,000 and on November 22, 2000, City paid into the registry of the court the entire sum.

On December 21, 2000, 12:00 p.m., Bank held a foreclosure sale. The property was sold to the highest bidder who subsequently assigned her right and entitlement to damages and distribution, as owner, upon her acquisition of the Trustee's Deed at foreclosure, to Bank. Barron was not present at the foreclosure sale, nor, based on the record before us, has Barron appealed the foreclosure.

On December 21, 2000, 12:37 p.m., Barron filed a Motion for Pay Out Order, requesting the court to pay the funds, on deposit in the registry, to Bank, "the first mortgage deed of trust holder." Further in the motion, Barron requested the "money is to be applied to principal due on mortgage loan(s) of Barron Holdings International, Ltd., L.L.C. (. . .) on the condemned real property by said Concord Bank." Barron requested the circuit clerk to make the entire amount of the pay-out check "payable to Concord Bank for the benefit of Barron..." This motion was done ex parte, apparently with only Barron's attorney present. The motion was granted that same day.

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Click the case caption above for the full text of the Court's opinion.

When Bank foreclosed on the property and Barron allowed this to go unchallenged, Barron lost the opportunity to complain about the distribution. The trial court's subsequent judgment did not operate expressly on any remaining personal or property rights of Barron, and therefore it was not aggrieved by the judgment.

Appeal dismissed.

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