Blake v. City of St. Louis

Full title: JOHN O. BLAKE, Appellant v. CITY OF ST. LOUIS, Respondent

Court: Missouri Court of Appeals, Eastern District, Division One

Date published: Dec 23, 2003

120 S.W.3d 759 (Mo. Ct. App. 2003)

Opinion

No. ED 82289

September 16, 2003 Motion for Rehearing and/or Transfer to Supreme Court Denied November 13, 2003. Application for Transfer Denied December 23, 2003.

Appeal from the Circuit Court of the City of St. Louis, Honorable Timothy J. Wilson.

Elkin L. Kistner, Jones, Haywood, Bick, Kistner, Jones, P.C., St. Louis, MO, for Appellant.

Mark Lawson, Office of the City Counselor, St. Louis, MO, for Respondent.

Before Gary M. Gaertner, Sr., P.J., Robert G. Dowd, Jr., J. and Mary R. Russell, J.

ORDER

PER CURIAM.

Appellant, John O. Blake ("Blake"), appeals the judgment of the Circuit Court of the City of St. Louis granting summary judgment in favor of respondent, the City of St. Louis ("the City"). Blake argues that a genuine issue of material fact exists as to whether Blake intended to waive his claim by paying the late penalties and also that the City lacked legal authority to impose the late penalties. We affirm.

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).