From Casetext: Smarter Legal Research

Presto Roofing Company, Inc. v. Hammons

Supreme Court of Missouri, En Banc
Mar 26, 1996
916 S.W.2d 797 (Mo. 1996)

Summary

awarding corporate respondent $2,000 as damages for the filing of a frivolous appeal by pro se appellants

Summary of this case from Capital One Bank v. Hardin

Opinion

No. 77947.

February 20, 1996. Rehearing Denied March 26, 1996.

APPEAL FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY, THE HONORABLE RALPH JAYNES, JUDGE.

Georgia E. Hammons, James E. Hammons, Chesterfield, pro se.

Frank C. Dunne, Chesterfield, for Respondent.


Presto filed this action alleging a breach of contract and seeking damages, interest, reasonable attorneys' fees, and enforcement of a mechanic's lien. The trial court, after hearing the evidence, awarded Presto the contractual amount due, interest, and attorneys' fees and impressed a mechanic's lien against the Hammonses' property. In this Court, Presto filed a petition for attorney's fees under the contract and seeks damages for frivolous appeal.

Finding no error of law and determining that an opinion would have no precedential value, the trial court's judgment is affirmed by this memorandum decision. Rule 84.16(b) . The petition for attorney's fees under the contract is denied, but Presto is awarded $2,000.00 as damages for the filing of a frivolous appeal. Rule 84.19 .

The judgment is affirmed, but the cause is remanded to the trial court with directions to enter a judgment against the Hammonses, jointly and severally, and in favor of Presto in the amount of $2,000.00 as damages for frivolous appeal.

All concur.


Summaries of

Presto Roofing Company, Inc. v. Hammons

Supreme Court of Missouri, En Banc
Mar 26, 1996
916 S.W.2d 797 (Mo. 1996)

awarding corporate respondent $2,000 as damages for the filing of a frivolous appeal by pro se appellants

Summary of this case from Capital One Bank v. Hardin
Case details for

Presto Roofing Company, Inc. v. Hammons

Case Details

Full title:PRESTO ROOFING COMPANY, INC., A CORPORATION, RESPONDENT, v. JAMES E…

Court:Supreme Court of Missouri, En Banc

Date published: Mar 26, 1996

Citations

916 S.W.2d 797 (Mo. 1996)

Citing Cases

Capital One Bank v. Hardin

Accordingly, Capital One's request for an award of damages against Hardin for frivolous appeal pursuant to…

Snelling v. Chrysler Motors Corp.

The judgment is affirmed and the cause is remanded to the trial court with directions to enter a judgment…