Court of Appeals of Missouri, Western District, Third Division
from the Circuit Court of Jackson County The Honorable Kevin
D. Harrell, Judge.
Before: Alok Ahuja, P.J., and Gary D. Witt and Anthony Rex
Jungerman, his daughter Angelia Buesing, and related entities
(collectively "Jungerman") are defendants in an
action pending in the Circuit Court of Jackson County, in
which the plaintiffs assert wrongful death and fraudulent
transfer claims. Jungerman appeals from an interlocutory
order in which the circuit court refused to revoke its
appointment of a receiver over his property and assets.
Jungerman asserts two Points on appeal. First, he argues that
he was not provided adequate notice of the plaintiffs'
motion for appointment of a receiver, and did not have a
meaningful opportunity to be heard before the receiver was
appointed. Second, Jungerman argues that the plaintiffs
failed to demonstrate that they had a sufficiently mature
claim to support appointment of a receiver, because their
wrongful death claims had not been reduced to judgment. We
plaintiffs in the underlying action are Emily Riegel, and
husband and wife Allan and JoAnn Pickert. Riegel is the
surviving spouse of attorney Thomas Pickert, who was murdered
on October 25, 2017. Allan and Joann Pickert are Thomas
Pickert's parents. We refer to the plaintiffs
collectively as "Riegel."
current case arises from an earlier personal injury lawsuit
brought by Jeffery Harris against David Jungerman in the
Circuit Court of Jackson County, Harris v.
Jungerman, No. 1416-CV22910. Thomas Pickert and his law
firm represented Harris in that case. In the Harris
lawsuit, Harris alleged that Jungerman had unjustifiably shot
Harris when Jungerman discovered Harris at a warehouse
building owned by Jungerman in the early morning hours of
September 25, 2012. Among other injuries, Harris' right
leg was amputated below the knee as a result of the shooting.
awarded Harris $750, 000 in compensatory damages for battery,
and an additional $5 million in punitive damages. The circuit
court entered judgment on the jury verdict on August 3, 2017.
David Jungerman did not post an appeal bond to secure payment
of the Harris judgment. Accordingly, while the case
was pending on appeal, Thomas Pickert began proceedings
against Jungerman to execute on the Harris judgment.
Jungerman was served with documents related to those
execution efforts on October 24, 2017.
October 25, 2017, after walking his children to school,
Thomas Pickert was shot and killed in front of his home.
David Jungerman has been charged with first-degree murder and
armed criminal action for causing Thomas Pickert's death.
State v. Jungerman, No. 1816-CR01619-01 (Jackson
Cnty. Cir. Ct.). The criminal case is currently pending.
Court affirmed the judgment against David Jungerman in the
Harris case in an opinion issued on August 7, 2018.
Harris v. Jungerman, 560 S.W.3d 549 (Mo. App. W.D.
17, 2018, Riegel filed her petition in the Circuit Court of
Jackson County. Riegel's petition names David Jungerman
and his daughter Buesing as defendants, both individually and
in their capacities as trustees of the Jungerman Irrevocable
Trust and the Jungerman Family Trust. The petition also names the
Jungerman Farm Corporation and Baby Tenda Corporation as
defendants. We refer to these parties collectively as
"Jungerman" in this opinion.
petition alleges wrongful death claims for battery and
negligence against Jungerman for causing the death of Thomas
Pickert. The petition also asserts a fraudulent transfer
claim, alleging that Jungerman has made various property
transfers to hinder or delay his creditors, including Riegel,
from collecting on their lawful claims.
petition alleges that David Jungerman is the owner and sole
shareholder of Baby Tenda. The petition further alleges that
Baby Tenda, the Farm Corporation, and the Family and
Irrevocable Trusts are alter egos of David Jungerman. The
petition alleges that, as a result, "any assets held by
or fraudulently transferred to or from [the corporations or
trusts] constitute a transfer by Jungerman himself . . .
." The petition further alleges that David
Jungerman's actions were taken in the course and scope of
his employment or agency for the corporations and trusts, and
that Jungerman, Buesing, the corporations, and the trusts
were acting as a joint venture at all relevant times.
Accordingly, the petition alleges that the corporations,
trusts, and Buesing are vicariously liable for David
petition alleges that, shortly after the jury's verdict
in the Harris case was announced, David Jungerman
approached Thomas Pickert in a threatening manner in the
courtroom, and told him that "[n]one of this matters. I
have 186 guns. I did it once before. I will do it again. You
can't touch me." The petition alleges that Jungerman
attempted to coerce and intimidate Thomas Pickert and his
firm to dissuade them from attempting to collect on the
Harris judgment. The petition alleges that
Jungerman's threats to Thomas Pickert were consistent
with a long history of violent and threatening actions. The
petition also alleges that, subsequent to Thomas
Pickert's murder, Jungerman "admitted to being
responsible for the fatal shot 'because a lawyer stole
petition contains detailed allegations concerning property
transfers by Jungerman, which the petition alleges were
designed to frustrate his creditors. Thus, the petition
alleges that, shortly after entry of the Harris
judgment on August 3, 2017, Jungerman "began, or
continued, a scheme to fraudulently transfer assets to
hinder, delay, and defraud" present and/or future
creditors. The petition alleges the following specific
• On August 8, 2017, Jungerman ordered a $144, 487.63
cashier's check for Buesing from an account at UMB Bank;
• On August 14, 2017, Jungerman deposited a set of
checks totaling $4, 970, 864.39 into the UMB Bank account,
and withdrew the same amount three days later;
• Between August 19 and 22, Jungerman opened seven
accounts at another bank, and deposited over $250, 000 across
• On August 24, 2017, Jungerman made a $900, 000 deposit
into the Irrevocable Trust;
• On August 24, 2017, Jungerman made a $1, 573, 200
deposit into a bank account in the name of the Farm
• On August 25, 2017, Jungerman transferred his home and
other property to Buesing; and On October 12, 2017, Jungerman
withdrew $2, 100, 000 from the Farm Corporation's account
and on October 13, 2017, Jungerman withdrew $900, 000 from a
trust account, in the form of cashier's checks made
payable to a title company.
petition alleges that "[n]one of these financial
transactions were made for legitimate business purposes,
represented a sale or exchange for reasonably equivalent
value, or were made to satisfy some real obligation."
Instead, the petition alleges that "Jungerman had moved
assets in and around various entities in an attempt to
hinder, delay, and/or defraud creditors and future
petition prays that the circuit court void and set aside all
of Jungerman's fraudulent transfers. The petition further
Based on Defendants' history of fraudulent transfers,
[and] the express and complicit participation by all
Defendants, Plaintiffs request that a receiver be appointed
to take charge and manage Defendants' assets, including
the above described bank accounts, the Irrevocable Trust, the
Family Trust, the assets [of] Baby-Tenda, the Farm
Corporation, any real property owned by Defendants Jungerman
and/or Buesing, and any other relief needed that becomes
apparent through discovery, and appoint a receiver to control
and manage Jungerman's assets.
filed a motion to dismiss the petition, and Riegel moved for
entry of a default judgment. The circuit court held a hearing
on these and other pending motions on August 22, 2018. After
hearing argument, the court took the motions under
advisement. Riegel then orally requested that the court
appoint a receiver because of "the apparent transfer of
assets." Riegel's counsel referenced the sworn
probable cause statement from Jungerman's criminal case,
which described the fraudulent transfers specifically alleged
in the petition. The court indicated its intention to appoint
a receiver, but directed the parties to brief the issue.
after the hearing, Riegel filed a proposed order appointing a
receiver. On the same day, Jungerman filed an objection to
the appointment of a receiver.
August 29, 2018, the circuit court entered an order
appointing a receiver "to take charge over all of the
Defendants' property and assets." The court took
judicial notice of the probable cause statement filed in the
pending criminal case against Jungerman. Based on the
evidence and the allegations in Riegel's petition, the
court found that "the facts presented show the existence
of conduct on the part of Defendants which constitutes a
great emergency and places this matter in an urgent posture
sufficient to require and justify the appointment of a
receiver immediately to take charge of, manage, preserve, and
protect the assets of the Defendants."
September 4, 2018, Jungerman filed a motion to vacate and
revoke the order appointing a receiver. In her opposition,
Riegel submitted excerpts of testimony by Jungerman and a
former employee from the Harris trial, in which the
witnesses described additional transactions involving
Jungerman's property or assets between the time of the
Harris shooting and the trial. Thus, the testimony indicated
that, shortly after Jungerman shot Harris, Jungerman granted
the employee a life estate in a 425-acre property that is
worth over $1 million, without the employee's knowledge,
and granted the remainder interest to his granddaughter. The
testimony also indicated that Jungerman transferred 5, 000
acres of farmland to the ...