Opinion
WD 83199
08-18-2020
UMB BANK, N.A., Respondent, v. Rebecca B. RILEY, et al., Appellants.
Thomas Berndsen, St. Louis, MO, Counsel for Appellant. Michelle Masoner, Kansas City, MO, Counsel for Respondent. Jesus Osete, Kansas City, MO, Co-Counsel for Respondent.
Thomas Berndsen, St. Louis, MO, Counsel for Appellant.
Michelle Masoner, Kansas City, MO, Counsel for Respondent.
Jesus Osete, Kansas City, MO, Co-Counsel for Respondent.
Before Division Three: Gary D. Witt, P.J., Cynthia L. Martin, C.J. and Thomas N. Chapman, J.
ORDER
Per Curiam:
This appeal arises from the judgment of the Circuit Court of Randolph County on UMB Bank, N.A.’s ("UMB") claim against Rebecca Riley, individually and as grantor and trustee of the Revocable Living Trust of Rebecca Bert Riley dated August 10, 1993, (collectively "Riley") for breach of four commercial guaranties. In seven points on appeal, Riley challenges the entry of partial summary judgment finding her liable for breach of the guaranties and the award of $2,860,761 in damages, costs, and attorneys’ fees following a bench trial. Because a published opinion would have no precedential value, a memorandum explaining the reasons for the decision has been provided to the parties. The judgment is affirmed. Rule 84.16(b). In addition, UMB's motion for attorneys’ fees on appeal is granted. The case is remanded to the circuit court to determine UMB's reasonable attorneys’ fees for this appeal.
UMB's motion to dismiss the appeal, which was taken with the case, is denied.
Under this court's Special Rule 29, a party may file a motion for attorneys’ fees on appeal "pursuant to contract, statute or otherwise." "If a contract provides for the payment of attorneys’ fees and expenses incurred in the enforcement of a contract provision, the trial court must comply with the terms of the contract and award them to the prevailing party." WingHaven Residential Owners Assoc., Inc. v. Bridges , 457 S.W.3d 383, 385 (Mo. App. E.D. 2015). In the commercial guaranties, Riley agreed to pay upon demand all of UMB's costs and expenses, including UMB's attorneys’ fees, incurred in connection with the enforcement of this Guaranty.
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