MIDDLEWEST PROPERTIES, INC. v. Myers

Missouri Court of Appeals

MIDDLEWEST PROPERTIES, INC. v. Myers

333 S.W.3d 491, 2010 Mo. App. LEXIS 1816, 2010 WL 5573664

CourtMissouri Court of Appeals

DecidedDecember 28, 2010

DocketED 94574

StatusPublished

This text of 333 S.W.3d 491 (MIDDLEWEST PROPERTIES, INC. v. Myers) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MIDDLEWEST PROPERTIES, INC. v. Myers, 333 S.W.3d 491, 2010 Mo. App. LEXIS 1816, 2010 WL 5573664 (Mo. Ct. App. 2010).

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Opinion

ORDER

PER CURIAM.

Plaintiff Middlewest Properties, Inc. (Middlewest) appeals from the trial court’s judgment against Middlewest on its suit for a deficiency on a note after a foreclosure on property purchased by Ronald and Frances Myers (the Myers). The trial court found that Middlewest’s conduct was instrumental in preventing the Myers from refinancing their home loan and forced them into foreclosure. Further, the trial court found that Middlewest’s agent did not act in good faith and came into the court with unclean hands. We affirm. 1

1

. Respondent has filed a Motion for Attorney’s fees. As stated in Grewell v. State Farm Mutual Automobile Insurance Company, 162 S.W.3d 503 (Mo.App. W.D.2005), the "special circumstances" exception to the American Rule has been applied in very limited fact situations. We note that the trial court did not award attorney's fees in its judgment. While we acknowledge the challenges faced by the Respondents in connection with this litigation and the underlying real estate transaction, we do not find a sufficient basis for awarding attorney’s fees as an exception to the American rule and deny Respondent’s motion.

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ORDER

PER CURIAM.

Plaintiff Middlewest Properties, Inc. (Middlewest) appeals from the trial court’s judgment against Middlewest on its suit for a deficiency on a note after a foreclosure on property purchased by Ronald and Frances Myers (the Myers). The trial court found that Middlewest’s conduct was instrumental in preventing the Myers from refinancing their home loan and forced them into foreclosure. Further, the trial court found that Middlewest’s agent did not act in good faith and came into the court with unclean hands. We affirm. 1

1

. Respondent has filed a Motion for Attorney’s fees. As stated in Grewell v. State Farm Mutual Automobile Insurance Company, 162 S.W.3d 503 (Mo.App. W.D.2005), the "special circumstances" exception to the American Rule has been applied in very limited fact situations. We note that the trial court did not award attorney's fees in its judgment. While we acknowledge the challenges faced by the Respondents in connection with this litigation and the underlying real estate transaction, we do not find a sufficient basis for awarding attorney’s fees as an exception to the American rule and deny Respondent’s motion.

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Bluebook (online)

333 S.W.3d 491, 2010 Mo. App. LEXIS 1816, 2010 WL 5573664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/middlewest-properties-inc-v-myers-moctapp-2010.

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