Opinion
No. ED 80936
July 22, 2003 Motion for Rehearing and/or Transfer to Supreme Court Denied September 4, 2003 Application for Transfer Denied October 28, 2003
Appeal from the Circuit Court of the City of St. Louis, David C. Mason, Judge.
Theodore S. Schechter, Michael L. Schechter, Diane J. Gannon, Schechter Law Firm, P.C., Clayton, MO, for Appellant.
David J. Newburger, Jerald A. Hochsztein, T. Patrick Deaton, Newburger Vossmeyer, LLC, St. Louis, MO, for Respondent.
Before Gary M. Gaertner, Sr., P.J., Kathianne Knaup Crane, J. and Paul J. Simon, Sr. J.
ORDER
Appellant, Maurice P. Liberman ("Pierce"), appeals from the judgment of the Circuit Court of the City of St. Louis finding Pierce liable to respondent, Doris Gordon Liberman ("Doris"), for conversion, and finding Doris not liable to Pierce for subrogation and unjust enrichment. This case arose as an interpleader action filed by plaintiff, NationsBank ("NB") against Pierce and Doris, asking the trial court for instructions about certain shares that NB held as collateral. Doris asserted a cross-claim against Pierce for conversion, and Pierce asserted cross-claims against Doris for subrogation and unjust enrichment. NB was granted summary judgment. The trial court found for Doris against Pierce on all three issues and awarded Doris $114,250 plus interest. We affirm.
Doris' motion to strike portions of the legal file is hereby denied.
We have reviewed the briefs of the parties and the record on appeal. As an extended opinion would serve no jurisprudential purpose, we affirm the judgment pursuant to Rule 84.16(b). We have, however, provided a memorandum opinion for the use of the parties only setting forth the reasons for our decision.
Gary M. Gaertner, P.J., Kathianne Knaup Crane, J., and Paul J. Simon, Sr. J. concurring.