Civil Practice: Jurisdiction-Attorneys’ Fees

Where homeowners sought damages from a basement-waterproofing company connected to the installation of a basement-sealing system, asserting claims that included a violation of the Missouri Merchandising Practices Act and a related request for attorneys’ fees, the judgment did not dispose of the attorney-fee issue, so trial court retained jurisdiction to dispose of the issue, and the homeowners properly pleaded a basis for an award of attorneys’ fees and properly pursued the claim for fees through post-trial motions, so the case is remanded for the trial court to determine and award reasonable attorneys’ fees in connection with the defendant’s appeal.

Judgment is affirmed; remanded.

Cupit v. Dry Basement Inc. (MLW No. 74452/Case No. WD82683 – 15 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from circuit court, Jackson County, McKenzie, J. (Alexander Edelman, and Katherine Myers, Kansas City, Missouri, and Jason Kotlyarov, Raymore, for appellant) (Gary Steinman and Robert MeGraw, Gladstone, for respondent).