Real Property: Property Owners’ Association-Removal from Board

Staff Report//April 20, 2023//

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Defendant appealed the judgment in favor of plaintiff that removed defendant as a director from plaintiff’s board. Defendant argued that the trial court’s decision to conduct a bench trial on plaintiff’s equitable claims before conducting a jury trial on plaintiff’s legal claims denied defendant’s constitutional right to a jury trial. Defendant further argued that the trial court misinterpreted the law governing the standards for removal and that its judgment was against the weight of the evidence.

Defendant’s sale of his unit mooted several of his claims on appeal, and he did not have a right to a jury trial on his counterclaim for indemnification because it was incidental to plaintiff’s equitable claims.

Judgment is affirmed.

Pointe Royale Property Owners’ Association, Inc. v. McBroom (MLW No. 79748/Case No. SD37274 – 12 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Taney County, Merrell, J. (Brian McBrearty, of St. Louis, for appellant) (Kristie Crawford, of Springfield, for respondent)