Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Jason R.
Brown, Circuit Judge
WILLIAM W. FRANCIS, JR., J.
Bieri, III ("Bieri"), pro se appellant,
appeals the judgment of the trial court, in which the court
denied Bieri's "Motion to Join Leonard Bieri, III,
as a Party Plaintiff, " in a lawsuit filed by Scarlett
Investments, LLC ("Scarlett"), against First Home
Savings Bank ("the Bank"), Daniel Katzfey
("Katzfey"),  the Greene County Commission ("the
County"), and Fidelity Title Agency of Springfield, Inc.
In one point on appeal, Bieri alleges the trial court erred
in failing to make required determinations, pursuant to Rule
54.04,  in that Bieri was a
necessary party to the lawsuit. Because of numerous Rule
84.04 violations in Bieri's brief, we dismiss the appeal.
and Procedural History
2007, Scarlett was the initial developer of a residential
subdivision known as "Bristol Park" in Greene
County, Missouri. The Bank provided a $900, 000.00
construction loan to Scarlett, pursuant to a promissory note
secured by a deed of trust in favor of the Bank. Thereafter, Scarlett sought to obtain a
grading permit from the County, which required a performance
bond. The bond was posted in the form
of a security interest on the Bank's loan pursuant to a
"Security Agreement for GRADING PERMIT"
("Security Agreement") entered into October 30,
2007, between Scarlett and the Bank. The Security Agreement provided that a
security interest be granted to the County, as a line of
credit, in the amount of $171, 324.00 to act as a performance
bond guaranteeing Scarlett's completion of the required
infrastructure improvements in Bristol Park within a
specified period of time.
Scarlett's project manager hired Gillespie Excavating
Company, LLC ("Gillespie"), to provide "all of
the construction services" required to develop Bristol
Park. At some point prior to September 11, 2008, a dispute
arose between Scarlett and Gillespie over the sums owed by
Scarlett to Gillespie for Gillespie's services. Gillespie
then filed several mechanic's liens and on March 27,
2009, filed a motion to enforce those liens (the
"Mechanic's Lien action"). Bieri was allowed to
intervene as a defendant in this action, but was dismissed on
July 14, 2010, for lack of standing because Bieri "has
filed no [mechanic's] lien and no claims have been made
against him, and [he] does not have other standing to proceed
in this case."
the Bank discontinued its line of credit to Scarlett for the
Bristol Park project. On September 9, 2008, the County
required Scarlett to deposit a cash bond in the amount of
$97, 890.00 with the Greene County Treasurer prior to
recording the final plat for Bristol Park.
April 19, 2010, the Bank filed suit due to Scarlett's
default on the promissory note. On September 14, 2010, a
default judgment was entered in favor of the Bank and against
Scarlett and three other defendants in the amount of $1, 628,
209.83. The Bank then requested a writ of sequestration,
seeking payment of "[a]ny monies due from the County to
[Scarlett] . . . for completion of Bristol Park." The
court ordered the County to pay into the court's registry
the bond monies due from the County to Scarlett for
completion of Bristol Park, which was ultimately paid to the
2010 and 2012, Bieri filed at least 6 writs and/or appeals,
concerning the subject matter of this dispute, in the
Missouri Court of Appeals, Southern District, and the Supreme
Court of Missouri, all of which were denied. In 2011, Bieri
was also denied a writ of certiorari to the Supreme
Court of the United States.
in May 2013, Bieri brought an action in the United States
District Court, Western District of Missouri, regarding the
Bristol Park subdivision entitled, "Leonard Bieri,
III v. Greene County Planning and Zoning Department; Scarlett
Investments, LLC and First Home Savings Bank, " in
which the Bank and the County were party defendants. The
defendants filed motions to dismiss, which were granted.
Bieri then appealed to the United States Court of Appeals for
the Eighth Circuit, which denied his challenge to the
dismissal of his lawsuit.
February 2015, Bieri filed an action in the Circuit Court of
Greene County entitled, Leonard Bieri, III, v.
Commissioners of Greene County, Missouri, First Home Savings
Bank, and Scarlett Investments LLC, " Case
Number 1531-CC00250, in which he once again raised issues
related to his work on the Bristol Park project. That case
was dismissed by the trial court with prejudice based on a
violation of Statute of Limitations for filing Mechanic's
Lien; violation Statutes of Limitations relating to other
contract or tort actions; insufficient statutory compliance
with Mechanic's Lien Statute; collateral estoppel; res
judicata; prior election of forum (use of Federal Court);
lack of standing by Plaintiff; improper splitting of causes
of action; or sovereign or official immunities.
August 24, 2015, Scarlett filed suit against the Bank,
Katzfey, the Greene County Commission, and Fidelity Title
Agency of Springfield, Inc. An amended petition was filed on January
27, 2016, Bieri filed a "Motion to Join Leonard Bieri,
III, as a Party Plaintiff" ("Motion to Join"),
asserting that he was a "necessary party to this
action" due to his involvement as "a provider of
labor and construction materials to the Bristol Park
subdivision project." Bieri asserted he was a third-party
beneficiary of the "Security Agreement for Grading
Permit" dated October 30, 2007, and/or the bond posted
by Scarlett with the County in the amount of $97, 890.00.
August 2, 2016, the Bank filed suggestions in opposition to
Bieri's motion to join, which were ...