Opinion
No. ED 107082
12-03-2019
CRAIG ENTERPRISES, INC., et al., Respondents, v. MAX B. MULLINS AUTO PARTS AND SALVAGE, INC., Appellant.
William W. Eckelkamp, 200 West Main St., PO Box 228, Washington, MO 63090, For Respondents. Caleb D. Reed, 4 South Church St., Union, MO 63084, Daniel E. Leslie, #1 South Oak St., Union, MO 63084, For Appellant.
William W. Eckelkamp, 200 West Main St., PO Box 228, Washington, MO 63090, For Respondents.
Caleb D. Reed, 4 South Church St., Union, MO 63084, Daniel E. Leslie, #1 South Oak St., Union, MO 63084, For Appellant.
Before Colleen Dolan, C.J., Robert M. Clayton III, J., and Robin Ransom, J.
ORDER
PER CURIAM.
Max B. Mullins Auto Parts and Salvage, Inc. ("Mullins Auto Parts") appeals the trial court’s judgment awarding damages and attorney’s fees to Craig Enterprises, Inc., Leo Resnik, and Sharon Resnik (collectively, "Respondents") on Respondents’ claim that Mullins Auto Parts extensively damaged the property that it leased from Respondents in violation of the agreed-upon terms of the lease. Finding that the trial court did not err, we affirm the judgment of the trial court.
No jurisprudential purpose would be served by a written opinion. However, we have provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).
Respondents also filed a motion requesting an award of appellate attorney’s fees pursuant to the terms of the lease in this case. "We may award attorney’s fees on appeal if they are authorized by the written agreement that is the subject of the issues on appeal." Rx Recalls, Inc. v. Devos, Ltd., 317 S.W.3d 95, 96–97 (Mo. App. E.D. 2010) ; see also
Frontenac Bank v. GB Invs., LLC, 528 S.W.3d 381, 397 (Mo. App. E.D. 2017). Finding that Respondents are entitled to attorney’s fees on appeal under the terms of the lease in this case, we grant Respondents’ motion for appellate attorney’s fees. Although this Court has authority to grant a fixed amount of appellate attorney’s fees, we remand to the trial court with instructions to determine and award reasonable attorney’s fees incurred on appeal by Respondents because "the trial court is better equipped to hear evidence and argument on this issue and determine the reasonableness of the fee requested." Soto v. Costco Wholesale Corp., 502 S.W.3d 38, 58 (Mo. App. W.D. 2016) ; see also Clean Unif. Co. St. Louis v. Magic Touch Cleaning, Inc., 300 S.W.3d 602, 614 (Mo. App. E.D. 2009).