LYLE ODO v. KEVIN SHAFINIA (2016)

Missouri Court of Appeals, Western District.

KRISTEN NICOLE PROPERTIES, ET AL., Appellant; LYLE ODO, Appellant, v. KEVIN SHAFINIA, Respondent

WD79272

Decided: October 04, 2016

Before Division Four Judges: Pfeiffer, C.J., Welsh, and Ahuja, JJ.

Attorneys: William Hudnall, Kansas City, MO Counsel for Appellant, Kristen Nicole Properties Lyle Odo, Platte City, MO Appellant Acting Pro Se Attorneys: Robert Wulff, St. Louis, MO Counsel for Respondent

Kristen Nicole Properties and Lyle Odo appeal the circuit court's judgment denying their request for attorney's fees and litigation expenses in their lawsuit against Kevin Shafinia over the rightful ownership of a parcel of land in Platte County.

Affirmed.

Division Four holds:

The circuit court did not err in denying the Appellants' request for attorney's fees and litigation expenses based on its finding that Shafinia's confession of judgment as to “reasonable attorney's fees, litigation expenses, and costs incurred ․ to be found by the Court, if any” did not mandate the imposition of such fees and expenses. Rather, Shafinia simply confessed judgment as to any reasonable attorney's fees, litigation expenses, and court costs, if the court found that any should be awarded. The court did not abuse its discretion in determining that none were warranted.

Opinion by James Edward Welsh, Judge

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