Opinion
ED 111396
08-22-2023
Karla ALLSBERRY, Respondent, v. Judge Patrick S. FLYNN, Appellant.
W. Dudley McCarter, Joseph Neely, Behr, McCarter & Potter, P.C., 8000 Maryland Ave., Suite 245, St. Louis, MO 63105, for appellant. David M. Duree, David M. Duree & Associates, 312 South Lincoln Ave., O'Fallon, IL 62269, for respondent.
W. Dudley McCarter, Joseph Neely, Behr, McCarter & Potter, P.C., 8000 Maryland Ave., Suite 245, St. Louis, MO 63105, for appellant.
David M. Duree, David M. Duree & Associates, 312 South Lincoln Ave., O'Fallon, IL 62269, for respondent.
Before Michael E. Gardner, P.J., Lisa P. Page, J., and Renée Hardin-Tammons, J.
ORDER
PER CURIAM.
Judge Patrick Flynn appeals the judgment of contempt entered on June 22, 2022, and the January 30, 2023, judgment awarding Karla Allsberry $5,000 in attorneys’ fees. In his first point, Judge Flynn claims the circuit court erred by awarding attorneys’ fees. In his second point, he challenges the judgment of contempt by claiming the circuit court's injunction exceeded the scope of the Supreme Court's mandate in Allsberry v. Flynn , 628 S.W.3d 392 (Mo. banc 2021). Because the circuit court did not abuse its discretion by awarding Allsberry $5,000 in attorney's fees, we affirm Point I. Point II is denied because Judge Flynn sought the same relief in Allsberry v. Flynn , 666 S.W.3d 201, 205 (Mo. App. E.D. 2023), wherein this Court held the contempt judgment was rendered moot and unappealable when Judge Flynn purged himself of the contempt.
No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. We affirm the circuit court's judgment pursuant to Rule 84.16(b).