VIEW 2001 LLC v. VIEW HOME OWNERS ASSOCIATION (2020)

Missouri Court of Appeals, Western District.

The VIEW 2001 LLC, Appellant-Respondent, v. The VIEW, HOME OWNERS ASSOCIATION, Respondent-Appellant.

WD 82694 and WD 82723

Decided: May 12, 2020

Before Division Four: Karen King Mitchell, Chief Judge Presiding, Thomas H. Newton, and Lisa White Hardwick, Judges

John Watt, Kansas City, MO, Counsel for Appellant-Respondent. Megan Stumph-Turner, Kansas City, MO, Co-Counsel for Appellant-Respondent. John Taylor, Overland Park, KS, Counsel for Respondent-Appellant. Lara Owens, Overland Park, KS, Co-Counsel for Respondent-Appellant.

ORDER

This cause arises on cross-appeals from a judgment of the Jackson County Circuit Court after a jury trial. The View 2001, LLC appeals claiming error in the court’s rejection of its proffered jury instruction and denial of its motion to conform the pleadings to the evidence. The View, Homeowners Association files a cross-appeal challenging the circuit court’s directed verdict for The View 2001 on its claim for property damage and the court’s refusal to award attorney fees. We affirm in accordance with Rule 84.16(b).

Per Curium:

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