Where a property development challenged a trial court’s reformation of a condominium declaration, substantial evidence supported a finding that it accidentally omitted contract terms regarding a boat slip, and the failure to join necessary parties was not raised at trial so was waived, but the court lacked the authority to award attorney’s fees because no contractual or statutory authority was presented.
Judgment is affirmed in part; reversed in part.
Geier v. Sierra Bay Development LLC (MLW No. 70755/Case No. SD34531 – 11 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Camden County, Moore, J. (Gerard Joseph Harms Jr., Lake Ozark, for respondent) (Karl Andrew Finkenbinder, Branson, and Jacqueline Alissa Bryant, Springfield, for appellant).