Real Property: Rent and Possession-Attorney Fees

Where appellants challenged the trial court’s summary judgment in favor of respondents on its petition for rent and possession, the judgment is affirmed in part, and the case is remanded to the trial court with instructions to vacate that part of the judgment awarding attorney fees against respondent in her individual capacity and to calculate reasonable attorney fees on appeal in favor of respondent and against the estate.

Judgement is affirmed in part; reversed in part; remanded.

Yes Chancellor Farms, LLC v. Merkel (MLW No. 79867/Case No. ED111217 – 17 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appealed from circuit court, Jefferson County, Miller, J. (Matthew G. Mueller for appellant) (Floyd T. Norrick for respondent).