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Developers Sur. & Indem. Co. v. Woods of Somerset, LLC

Court of Appeals of Missouri, Western District, Second Division

March 3, 2015

DEVELOPERS SURETY AND INDEMNITY COMPANY, Respondent
v.
WOODS OF SOMERSET, LLC, ET AL., Appellant

Page 488

[Copyrighted Material Omitted]

Page 489

APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI. The Honorable James F. Kanatzer, Judge.

Shane C. Mecham, for Respondent.

Mark H. Epstein, for Appellant.

Before Division Two: Anthony Rex Gabbert, Presiding, Judge, Joseph M. Ellis, Judge and Karen King Mitchell, Judge. All concur.

OPINION

Joseph M. Ellis, Judge

Page 490

This case arises from claims brought by Developers Surety and Indemnity Company (" DSI" ) against Daniel Waldberg, Brenda Waldberg, Barney Ashner, Marlene Ashner, and Woods of Somerset, LLC (" Appellants" ) related to an indemnity agreement Appellants executed in order to obtain a payment bond from DSI for the development of a subdivision. After an excavation company filed suit seeking payment for work that had been performed at the subdivision, DSI filed cross-claims and third-party claims against Appellants based upon the indemnity agreement, asserting that DSI was entitled to indemnification and specific performance of the indemnity agreement.

The trial court eventually entered judgment in favor of the Appellants on DSI's claims, concluding that the indemnity agreement was unenforceable because it was not properly executed and because there was no meeting of the minds. On appeal, this Court held that the indemnity agreement was unambiguous, valid, and enforceable. Accordingly, we reversed the judgment, and the cause was remanded to the trial court for entry of judgment in favor of DSI. Woods of Somerset, LLC v. Developers Sur. & Indem. Co., 422 S.W.3d 330, 336 (Mo. App. W.D. 2013).

Shortly after our mandate was issued, on April 1, 2014, the trial court entered its Amended Judgment that simply stated:

Pursuant to the opinion issued in Case Number WD75533 and WD75534, judgment is hereby ordered in favor of Developers ...

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