Tivoli Bldg., LLC v. Metropolitan Design & Building Company, Inc.

Missouri Court of Appeals

Tivoli Bldg., LLC v. Metropolitan Design & Building Company, Inc.

139 S.W.3d 592, 2004 Mo. App. LEXIS 665, 2004 WL 943463

Missouri Court of Appeals·Decided May 4, 2004·No. ED 82712·Published

Opinion

ORDER

PER CURIAM.

Metropolitan Design & Building Company, Inc. (“Contractor”) appeals from the entry of summary judgment against it and from the judgment of the trial court awarding attorneys’ fees and prejudgment interest for property damage to Tivoli Building, L.L.C. and Tivoli Theatre, L.L.C. (collectively, “Owner”). We affirm the granting of summary judgment in that Owner was entitled to judgment as a matter of law. We affirm the entry of judg- *593 raent for damages on Owner’s property claim in that Contractor acquiesced to its disposition. We also affirm the award of attorneys’ fees in that Owner was the prevailing party and entitled to such recovery pursuant to the contract. The award of prejudgment interest is affirmed in that Contractor’s arguments were not preserved for review.

A full opinion would have no prece-dential value. The parties have been provided with a memorandum of law for their eyes only which sets forth the reasons for our decision. The judgment of the trial court is affirmed pursuant to 84.16(b).

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ORDER

PER CURIAM.

Metropolitan Design & Building Company, Inc. (“Contractor”) appeals from the entry of summary judgment against it and from the judgment of the trial court awarding attorneys’ fees and prejudgment interest for property damage to Tivoli Building, L.L.C. and Tivoli Theatre, L.L.C. (collectively, “Owner”). We affirm the granting of summary judgment in that Owner was entitled to judgment as a matter of law. We affirm the entry of judg- *593 raent for damages on Owner’s property claim in that Contractor acquiesced to its disposition. We also affirm the award of attorneys’ fees in that Owner was the prevailing party and entitled to such recovery pursuant to the contract. The award of prejudgment interest is affirmed in that Contractor’s arguments were not preserved for review.

A full opinion would have no prece-dential value. The parties have been provided with a memorandum of law for their eyes only which sets forth the reasons for our decision. The judgment of the trial court is affirmed pursuant to 84.16(b).

Tivoli Bldg., LLC v. Metropolitan Design & Building Company, Inc., 139 S.W.3d 592, 2004 Mo. App. LEXIS 665, 2004 WL 943463 (Mo. Ct. App. 2004).

Pincite

139 S.W.3d 592 (Tivoli Bldg., LLC v. Metropolitan Design & Building Company, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.