Torts: Conversion-Judgment as Discovery Sanction

Defendants appealed the entry of judgment against them as a discovery sanction. Plaintiffs filed suit against defendants for conversion, fraud, civil conspiracy, and breach of fiduciary duty. When defendants filed incomplete responses to plaintiffs’ second discovery requests, the trial court granted plaintiffs’ motion for sanctions, struck defendants’ pleadings and granted plaintiffs’ subsequent motion for summary judgment.

Where defendants’ appellate brief failed to demonstrate why they were entitled to relief because the court would necessarily have to speculate as to the nature of plaintiffs’ claims, the court affirmed judgment.

Judgment is affirmed.

Marck Industries Inc. v. Lowe (MLW No. 74157/Case No. SD35892 – 13 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Barry County, Blankenship, J. (Gregory R. Bridges, Neosho, for appellant) (Patrick Ronald Baird, Springfield, for respondent)