St. Louis County v. Taylor-Morley, Inc.

923 S.W.2d 507, 1996 Mo. App. LEXIS 958, 1996 WL 291730
CourtMissouri Court of Appeals
DecidedJune 4, 1996
DocketNo. 68069
StatusPublished
Cited by6 cases

This text of 923 S.W.2d 507 (St. Louis County v. Taylor-Morley, Inc.) 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
St. Louis County v. Taylor-Morley, Inc., 923 S.W.2d 507, 1996 Mo. App. LEXIS 958, 1996 WL 291730 (Mo. Ct. App. 1996).

Opinion

CRANDALL, Judge.

Defendant, Taylor-Morley, Inc. (Taylor-Morley), appeals from the judgment of the trial court, entered in a court-tried case, in favor of defendant, Dennis C. Green (Green), on Green’s cross-claim against Taylor-Morley in an action brought by plaintiff, St. Louis County, against both defendants. We affirm.

Appellate review of a court-tried case is governed by Murphy v. Carron, 586 S.W.2d 30, 32 (Mo.banc 1976). The evidence established that Green contracted with Taylor-Morley in September 1988 for the purchase of real property known as 12725 Bennington Common Lane (residence), which was located in an unincorporated area of St. Louis County. The sales contract provided that the rear exterior walls of the basement and first floor of the residence be extended four feet. These extensions constituted modifications of the model which Taylor-Morley offered for sale and also deviations from the master plan on file with and approved by St. Louis County (County). Prior to constructing the residence with the modifications, however, Taylor-Morley did not file amended plans with the County or obtain County approval for the changes to the master plan. Green closed on the purchase of the residence in March 1989, paying a total of $129,215.00.

In March 1991, the County issued Taylor-Morley a notice that the residence, as constructed, contained certain violations of the County’s building codes and ordinances. When Taylor-Morley failed to respond to this notice, the County issued a final notice of the violations in April 1991. When the County informed Taylor-Morley of its intent to bring an action to force the abatement of the violations, Taylor-Morley applied for and was granted a permit to build the residence in accordance with the amended plans. Green was unaware of Taylor-Morley’s application for such a permit. In July 1991, Green requested from Taylor-Morley a copy of the permit and a written proposal for correcting the code violations. Taylor-Morley gave Green a copy of the permit, but its attempts to contact Green about performing the remedial work were unsuccessful. Taylor-Morley did not perform the work to abate the violations.

In October 1991, the County brought an action against Taylor-Morley and Green. The petition alleged that Taylor-Morley did not construct the residence in accordance with either the original or amended plans approved by the County. The County sought injunctive relief against Taylor-Morley and Green to force them to abate the code violations. Green filed a cross-claim against Taylor-Morley, seeking not only actual damages for breach of warranty of habitability and fraud but also punitive damages.

The case was court-tried. On December 30, 1991, the trial court entered two orders, each of which the court characterized as a “judgment.” The trial court designated one judgment as entered on Green’s cross-claim against Taylor-Morley and awarded Green a total of $68,901.86 in damages, to wit: $49,-215.00 for the diminution in value of the residence; $6,236.86 for the costs of moving and storage of his personal property during the repairs to the residence; $3,150.00 for alternative housing during the repairs; and $10,300.00 for attorney’s fees to defend the action brought by County. The trial court designated the other judgment as rendered on the County’s action for injunctive relief and ordered Green to abate all violations of the County codes within six months. In that judgment, the court also found in favor of Green and against Taylor-Morley “as and for the reasonable costs to abate the aforesaid violations” in the sum of $4,674.61, which amount the court stated was “in addition to the judgment entered in favor of [Green] and against [Taylor-Morley] in the sum of [$68,-901.86] entered in the First Amended Cross-claim of [Green].”

Taylor-Morley only appeals from the judgment of $68,901.86 which the trial court entered against it on Green’s cross-claim. It does not appeal from the judgment entered on the County’s action, which has been satisfied. It should be noted that there was never a request by any of the parties to the action seeking injunctive relief for damages in the amount of $4,674.61.

[510]*510In its first point, Taylor-Morley contends the trial court erred in entering two separate money judgments in the amounts of $68,-901.86 and $4,674.61 against it and in favor of Green. It argues that it was improper for the trial court to enter more than one award of damages in favor of Green.

Generally, in eases on claims, counterclaims, and cross-claims, there can be separate findings on the claims embodied in a single judgment. Riddle v. Dean Machinery Co., 564 S.W.2d 238, 259 (Mo.App.1978). Where separate trials are not ordered or had, there should be only one final judgment which should dispose of all parties and all issues. White River Dev. Co. v. Meco Systems, Inc., 837 S.W.2d 327, 334 (Mo.App. S.D.1992).

Green argues that Riddle precludes the entry of a single judgment in the instant action because of the existence of a three-party situation. In Riddle, an intervenor established equitable liens against the interests of plaintiff-Riddle in certain items of construction equipment. Riddle, 564 S.W.2d at 241. Riddle sought to recover that equipment, by replevin, from defendant-Dean. Id. The trial court assessed the value of the property sought to be replevied, entered judgment in favor of Riddle for possession or, in the alternative, for the value of the property. Id. at 255-256. Dean was awarded money damages on a counterclaim against Riddle. Id. at 255. Dean complained that the court entered separate money judgments, rather than one single judgment. Id. at 259.

The Riddle court acknowledged that in cases on claims and counterclaims, generally there would be separate findings on the plaintiffs claim and on the defendant’s counterclaim embodied in a single judgment. Id. The proper form of the judgment in those types of cases is for the trial court to recite the findings and to conclude with a judgment for the party in whose favor the greater finding was made, and for the sum which represents the excess of his finding over that of his adversary. Id. The appellate court found, however, that one judgment was not appropriate in the Riddle case, because the equitable liens of the intervenor precluded the entry of one award of damages offsetting the respective awards to Riddle and Dean. Id. at 260. The intervenor’s hens were against Riddle’s interests in the property that was the subject of Riddle’s claim against Dean. Id. The court held that Riddle’s money damages, which were attributable to his loss of possession of the equipment and were subject to the intervenor’s liens, could not be offset against other damages that were not affected by the intervenor’s liens. Id.

The Riddle case, however, is not disposi-tive of the case before us. The three-party situation in Riddle arose as a result of a third party intervening in the original action between Riddle and Dean. Because the rights of the intervenor were limited to the rights of Riddle against Dean, Dean was not faced with multiple exposures for a single claim. Id. at 260.

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923 S.W.2d 507, 1996 Mo. App. LEXIS 958, 1996 WL 291730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-county-v-taylor-morley-inc-moctapp-1996.