HAZZIEZ v. CITY OF KANSAS CITY (2020)

ORDER

The City of Kansas City appeals a Jackson County Circuit Court judgment entered on a jury verdict awarding Ms. Shahidah Hazziez damages for discrimination. Ms. Hazziez files a cross-appeal. For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b). We remand for the trial court to rule on the motion for attorney fees and costs on appeal.¹

FOOTNOTES

1.   Before oral argument, Ms. Hazziez filed a motion for attorney fees and costs on appeal, and the motion was taken with the case. Section 213.111.2 allows a court to award reasonable attorney fees to a prevailing plaintiff in an MHRA case and to a plaintiff who successfully defends that favorable judgment on appeal. Jones v. City of Kansas City, 569 S.W.3d 42, 62 (Mo. App. W.D. 2019). While we have the authority to grant the motion, we have decided to remand the matter to the trial court for its consideration. Ferguson v. Curators of Lincoln Univ., 498 S.W.3d 481, 498 n.11 (Mo. App. W.D. 2016) (foregoing making decision on motion in MHRA case involving appeal and cross-appeal, where employee prevailed on appeal but not on cross-appeal, which this Court determined was moot; remanding for trial court to consider the motion).

Per Curiam: