Opinion
No. ED 106766
11-12-2019
CORNERSTONE CONDOMINIUM ASSOCIATION, Respondent, v. Antoine D. DUNLAP, Appellant, and Bank of New York Mellon, Respondent, and Ocwen Loan Servicing, LLC, Defendant.
ATTORNEY FOR APPELLANT, Nathan Theodore Swanson, 120 S. Central, Suite 130, Clayton, MO 63105. ATTORNEY FOR RESPONDENT, Sarah Marie Bueltmann, 3407 S. Jefferson Ave. 106, St. Louis, MO 63118, GATEWAY LAW STL, David Karl Simkins Co-Counsel, 500 North Broadway, Suite 1550, St. Louis, MO 63102, WUESTLING & JAMES, LC, Ira Michael Berkowitz, Co-Counsel, 500 North Skinker Blvd., St. Louis, MO 63103, LAW OFFICE OF IRA M. BERKOWITZ. Attorney for Defendants, Hilary H. Sommer, 211 North Broadway, Suite 3600, St. Louis, MO 63102, BRYAN CAVE LEIGHTON PAISNER, LLP.
ATTORNEY FOR APPELLANT, Nathan Theodore Swanson, 120 S. Central, Suite 130, Clayton, MO 63105.
ATTORNEY FOR RESPONDENT, Sarah Marie Bueltmann, 3407 S. Jefferson Ave. 106, St. Louis, MO 63118, GATEWAY LAW STL, David Karl Simkins Co-Counsel, 500 North Broadway, Suite 1550, St. Louis, MO 63102, WUESTLING & JAMES, LC, Ira Michael Berkowitz, Co-Counsel, 500 North Skinker Blvd., St. Louis, MO 63103, LAW OFFICE OF IRA M. BERKOWITZ.
Attorney for Defendants, Hilary H. Sommer, 211 North Broadway, Suite 3600, St. Louis, MO 63102, BRYAN CAVE LEIGHTON PAISNER, LLP.
Before Mary K. Hoff, P.J., Sherri B. Sullivan, J., and Angela T. Quigless, J.
ORDER
PER CURIAM Antoine D. Dunlap ("Dunlap") appeals from the Judgment of the trial court which, following a jury trial, found in favor of Cornerstone Condominium Association ("Cornerstone") on its claim against Dunlap for breach of contract relating to his failure to pay condominium assessments, granted Cornerstone’s Motion for Directed Verdict on Dunlap’s breach of contract and trespass counterclaims against Cornerstone, and foreclosed Cornerstone’s lien against Dunlap’s condominium unit ("Unit"). The trial court awarded Cornerstone $10,817.50 on its breach of contract claim and $31,874.50 in attorney’s fees; levied the entire $42,692.00 award plus costs against the Unit at a rate of 10% interest per annum; and adjudged BONY and Ocwen Loan Servicing, LLC’s lien on the Unit, held by way of a Deed of Trust, inferior to Cornerstone’s lien. The trial court ordered the sale of the Unit, with the proceeds first going to satisfy the Judgment in favor of Cornerstone, before then directing any surplus proceeds to BONY as the subordinate lien holder and any remaining proceeds to Dunlap thereafter. We affirm.
Ocwen was named only as a defendant in Cornerstone’s foreclosure count, and it is not a party to this appeal.
On October 30, 2019, Cornerstone filed a Motion for Attorney’s Fees on Appeal. This motion is granted in the amount of $13,000, resulting in a total judgment of $55,692.00 plus costs to Cornerstone against the Unit at a rate of 10% interest per annum.
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We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential or precedential purpose. We have, however, provided a memorandum opinion for the use of the parties setting forth the reasons for our decision. We affirm the Judgment pursuant to Rule 84.16(b).