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DiSalvo Properties, LLC v. Bluff View Commercial, LLC

Court of Appeals of Missouri, Eastern District, Fourth Division

June 16, 2015

DISALVO PROPERTIES, LLC, Appellant,
v.
BLUFF VIEW COMMERCIAL, LLC, Defendant, and DEBI PURVIS, Respondent

Appeal from the Circuit Court of St. Louis County. 10SL-CC04244. Honorable David Lee Vincent III.

FOR APPELLANT: Steven W. Koslovsky, St. Louis, MO.

FOR RESPONDENT: Steven M. Hamburg, Clayton, MO.

ROBERT M. CLAYTON III, Judge. Patricia L. Cohen, P.J., and Roy L. Richter, J., concur.

OPINION

Page 244

ROBERT M. CLAYTON III, Judge

DiSalvo Properties, LLC (" Appellant" ) appeals the judgment denying its request for a court-ordered foreclosure and sale of the membership interests held by Debi Purvis (" Respondent" ) in two Missouri limited liability companies. We affirm.

I. BACKGROUND

In October 2010, Appellant filed a petition asserting two counts of fraud against Respondent.[1] Respondent did not respond to the petition, and in January 2011 the trial court entered a $1,501,041 default judgment against Respondent (" the underlying judgment" ).

As of May 2014, the amount of the underlying judgment against Respondent remained

Page 245

unsatisfied. Therefore, Appellant filed an application for a charging order against the membership interests owned by Respondent in two Missouri limited liability companies, Perrydise Properties, LLC and WR Management, LLC (" the two Missouri LLC's" ), for the amount of the underlying judgment plus post-judgment interest. Appellant's application for a charging order requested the trial court to, inter alia, order Respondent's membership interests in the two Missouri LLC's " to be foreclosed and sold by the Sheriff of St. Louis County at public sale."

On August 1, 2014, the trial court entered a charging order in favor of Appellant and against Respondent's membership interests in the two Missouri LLC's for the amount of the underlying judgment plus post-judgment interest. The trial court also ordered the parties to file memoranda of law on the issue of whether the court could order a foreclosure and sheriff's sale of the membership interests.

Thereafter, on August 13, 2014, the trial court entered a judgment denying Appellant's request for a court-ordered foreclosure and sale of Respondent's membership interests in the two Missouri LLC's. In denying Appellant's requested relief, the trial court found " [a] foreclosure and [s]heriff's [s]ale is not available to a [j]udgment [c]reditor who has obtained a [c]harging [o]rder on the [m]embership [i]nterest of a [m]ember of a Missouri limited liability company." This appeal followed.

II. DISCUSSION

In Appellant's sole point on appeal, it asserts the trial court erred in denying its request for a court-ordered foreclosure and sale of the charged membership interests in the two Missouri LLC's. Appellant maintains such a remedy is authorized by Missouri statutes and case law.

A. Standard of Review and General Law

As with any court-tried case, we review a trial court's judgment involving the entry of a charging order pursuant to Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Regions Bank v. Alverne Associates, LLC, 456 S.W.3d 52, 55 (Mo. App. E.D. 2014). Accordingly, we will affirm the trial court's judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or it erroneously applies the law. Id. at 55.

Statutory interpretation is a question of law which this Court reviews de novo. Dynasty Home, L.C. v. Public Water Supply District Number 3 of Franklin County, 453 S.W.3d 876, 879 (Mo. App. E.D. 2015). Our primary rule in interpreting statutes is to determine the intent of the legislature from the language used, to give effect ...


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