Court of Appeals of Missouri, Western District, First Division
CITYVIEW REAL ESTATE SERVICES, LLC AND WALDO CAPITAL MANAGEMENT, LLC, Appellants,
K.C. AUTO PANEL, INC. AND JERRY VAUGHN, ET AL., Respondents.
from the Circuit Court of Jackson County, Missouri The
Honorable Jack R. Grate, Judge
Cynthia L. Martin, Presiding Judge, Victor C. Howard, Judge
and Thomas H. Newton, Judge
Cynthia L. Martin, Judge
Real Estate Services, LLC ("Cityview") and Waldo
Capital Management, LLC ("Waldo") (collectively
"Landowners") appeal a judgment in their unlawful
detainer action which awarded them possession of real
property located at 9620 E. 350 Highway, Raytown, Missouri
(the "Premises"). Though the Landowners prevailed
on their claim for possession of the Premises against K.C.
Auto Panel, Inc. ("K.C. Auto"), Jerry Vaughn
("Vaughn"), and John Doe and Mary Doe (collectively
"Defendants"), they challenge the judgment's
conclusions that other claims related to the Defendants'
occupation of the Premises were waived, and that the
Landowners would be required to incur the expense of
disposing of personal property remaining in the Premises.
Finding no error, we affirm.
and Procedural Background
March 1, 2018, Landowners filed a verified petition for
unlawful detainer ("Petition") against the
Defendants. The Petition alleged that the Premises were owned
by Cityview, whose predecessor and agent was Waldo. The
Petition alleged that the Premises had been acquired from
Penta Enterprises, Inc., an entity controlled by Vaughn, on
October 27, 2017, pursuant to a deed-in-lieu agreement. The
Petition further alleged that after Vaughn signed the
deed-in-lieu agreement on behalf of Penta Enterprises, Inc.,
he and K.C. Auto claimed to have an oral lease with Penta
Enterprises, Inc. for the Premises. The Petition alleged that
personal property belonging to K.C. Auto remained in the
Premises, and that as a result, the Defendants were
unlawfully occupying the Premises. The Petition sought a
judgment against all named Defendants for possession of the
Premises; a judgment against K.C. Auto for $37, 750.28 in
rent for the months of November 2017 through February 2018;
and a judgment against all named Defendants for
attorneys' fees and costs.
and K.C. Auto answered the Petition. They admitted the
deed-in-lieu transfer of ownership of the Premises, and that
K.C. Auto still had personal property in the Premises. They
also alleged that K.C. Auto had been denied access to the
Premises to retrieve its personal property. Vaughn and K.C.
Auto demanded a jury trial.
Vaughn and K.C. Auto moved to consolidate the Landowners'
unlawful detainer action with a separate lawsuit they filed
against the Landowners to resolve who owned the personal
property remaining in the Premises. In the motion to
consolidate, Vaughn and K.C. Auto alleged that neither have
access to the Premises, and that the Landowners' only
basis for claiming they are in unlawful possession of the
Premises is the presence of K.C. Auto's personal
Landowners opposed the motion to consolidate, and described
communications before they acquired the Premises where they
attempted to coordinate with Vaughn and K.C. Auto to remove
the personal property. The Landowners noted that despite
these efforts, the personal property was not removed by
Vaughn and K.C. Auto before the deed-in-lieu agreement was
finalized. The Landowners subsequently attempted to auction
the personal property, though the auction was cancelled when
K.C. Auto claimed ownership of the personal property. The
Landowners argued that they now own the personal property
based on documents signed in connection with the deed-in-lieu
matter was set for jury trial on April 23, 2018. On April 9,
2018, the parties appeared for a pre-trial conference. In
lieu of proceeding to a jury trial, the parties agreed to
submit the matter to the trial court for disposition
"upon the pleadings of record."
April 12, 2018, the trial court entered its judgment
("Judgment"). The Judgment noted that the case had
been submitted by agreement on April 9, 2012 "upon the
pleadings of record," and that on the same date, the
trial court heard arguments of the parties. The Judgment
noted that defendants John Doe and Mary Doe had been duly
served with process by posting, and were in default having
not appeared. The Judgment then ordered the Landowners to
give Vaughn and K.C. Auto a key to permit "the
Defendants" access to the Premises for 20 days to remove
personal property at "the Defendants' sole
expense." After 20 days, the Judgment authorized the
Landowners to change the locks, and deemed any remaining
personal property in the Premises abandoned, such that the
Landowners could dispose of same in their discretion and at
Judgment ordered immediate possession of the Premises to be
delivered to the Landowners after "expiration of the
time stated herein for Defendants to vacate the
premises." Finally, the Judgment found that "[a]ll
claims related to the Defendants' occupation of the
premises during the period from October 27, 2017 to April 30,
2018 are waived by the parties."
Landowners filed this timely appeal.