Opinion
Nos. WD72402, (Consolidated with WD72411)
August 23, 2011
Appeal from the Circuit Court of Platte County, Missouri, The Honorable Gerald D. McBeth, Judge.
Gregory Leyh, Gladstone, MO, Susan Ford Robertson and J. Zachary Bickel, Kansas City, MO, Attorneys for Appellants-Respondents Richard A. and Loreta J. Ryan.
Douglas R. Dalgleish and Michael S. Cessna, Kansas City, MO, Attorneys for Respondent-Appellant Block Company, Inc.
George P. Coughlin, Kansas City, MO, Attorney for Respondents Stephen C. Crawford and I-29, LLC.
Jarod G. Goff, Kansas City, MO, Attorney for Respondent First American Title Insurance Company.
Keith W. Hicklin, Platte City, MO, Attorney for Respondents Wayne and Connie Lemon.
Robert H. Shaw, Platte City, MO, Attorney for Respondents James and Janeen Burnham.
Before Division II: James M. Smart, Jr., Presiding Judge, and Mark D. Pfeiffer and Cynthia L. Martin, Judges.
Order
Block and Company, Inc. ("Block") appeals from the judgment upon a jury verdict entered on April 2, 2010, in the Circuit Court of Platte County, Missouri ("trial court"), in favor of Richard and Loreta Ryan ("the Ryans") on their claim against Block for breach of fiduciary duty. Block argues that: (1) the trial court committed reversible error regarding multiple evidentiary issues; (2) as a matter of law, Block had no fiduciary obligation to the Ryans in the manner claimed by the Ryans; and (3) there was no substantial evidence that Block breached any fiduciary duty it owed to the Ryans nor that any such breach caused damages to the Ryans and, accordingly, the trial court erroneously submitted the case to the jury. We disagree and affirm. Rule 84.16(b).
The Ryans conditioned a request for ruling on their cross-appeal in the event we reversed the trial court's judgment. Because we affirm the trial court's judgment, the Ryans' cross-appeal is moot.