Real Property: Boundary Line Change-Property Damages-Attorney Fees

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Where plaintiffs sued their neighbors and the homeowners association in a dispute over the neighbors’ newly installed and highly reflective metal roof, the association waived any objection based on inconsistent verdicts when it did not object before the jury was discharged, and the trial court erred in entering JNOV as to verdict C based on inconsistency, and the court abused its discretion by denying plaintiffs’ motion to amend the judgment to provide for an award of attorney fees and costs in connection with a boundary-line change.

Vacated in part; affirmed in part; remanded with directions.

Morelock v. Highland Springs Community Association, Inc. (MLW No. 80737/Case No. SD37431 – 20 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Greene County, Curless, Sr. J. (Bryan Ormsby Wade, Springfield, for appellant) (Cara Richelle Rose, Gail L. Fredrick, Kevin Hays Dunaway and Charles Britwood Cowherd, Springfield, for respondents).