Probate: Replevin Action-Damages-Jury Trial

Where appellant challenged a judgment in favor of respondent on her replevin action for five vehicles acquired during a relationship between respondent and decedent, who was appellant’s father, the grant of partial summary judgment is affirmed because the record established that ownership of the vehicles passed to respondent through sole ownership or co-ownership with right of survivorship, but the trial court’s cancellation of appellant’s jury trial on damages for replevin for his failure to appear at a pretrial conference infringed on the appellant’s right to have a jury determine damages under the Missouri Constitution, so the issue is remanded for a jury trial on actual and punitive damages.

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

Masters v. Dawson (MLW No. 81748/Case No. ED111696 – 30 pages) (Missouri Court of Appeals, Eastern District, Navarro-McKelvey, J.) Appealed from circuit court, St. Louis County, Walsh III, J. (Mario Vincent Favazza for appellant) (Karl Walter Dickhaus for respondent).