Opinion
No. ED 108439
09-15-2020
THOMAS ACQUISITION, LLC, Respondent, v. Susan CHARLEVILLE, et al., Appellant.
Robert P. Berry, Douglas A. Lamb, 16150 Main Circle Dr. Ste. 120, St. Louis, MO 63017, Timothy A. Englemeyer, 13321 N. Outer Forty Rd. Ste. 300, Chesterfield, MO 63017, For Respondent Thomas Acquisition. William E. Roussin, 11628 Old Ballas Rd. Ste. 116, St. Louis, MO 63141, For Appellant Thomas Charleville. John Hein, 2244 South Brentwood Blvd., St. Louis, MO 63144, For Respondent Arsenal Credit Union.
Robert P. Berry, Douglas A. Lamb, 16150 Main Circle Dr. Ste. 120, St. Louis, MO 63017, Timothy A. Englemeyer, 13321 N. Outer Forty Rd. Ste. 300, Chesterfield, MO 63017, For Respondent Thomas Acquisition.
William E. Roussin, 11628 Old Ballas Rd. Ste. 116, St. Louis, MO 63141, For Appellant Thomas Charleville.
John Hein, 2244 South Brentwood Blvd., St. Louis, MO 63144, For Respondent Arsenal Credit Union.
Before Colleen Dolan, P.J., Mary K. Hoff, J., and Robert M. Clayton III, J.
ORDER
PER CURIAM.
Thomas Charleville (as trustee and/or former trustee of the Thomas Charleville Irrevocable Living Trust Agreement, dated December 30, 1989) appeals the trial court's grant of summary judgment in favor of Thomas Acquisition, LLC ("Respondent"), the denial of his motion for continuance, and the trial court's award of attorney's fees to Respondent in the amount of $254,005.62. Finding that the trial court did not err, we affirm the judgment of the trial court.
Respondent filed a motion for attorney's fees on appeal in the amount of $42,794.50, which has been taken with the case. "Our Court may award a party reasonable attorney[’s] fees on appeal if they are authorized by a written agreement that is the subject of the issues presented on appeal." Frontenac Bank v. GB Investments, LLC , 528 S.W.3d 381, 397 (Mo. App. E.D. 2017). The lease, which is the subject of the issues presented on appeal, authorizes attorney's fees to the prevailing party. Thus, we have "the authority to either allow and fix the amount of attorney[’s] fees on appeal or remand the cause with instructions for the trial court to determine the amount of attorney[’s] fees and enter judgment accordingly." Id. Under the circumstances and in the interests of judicial economy, we exercise our authority to allow and fix the amount of attorney's fees rather than remand the cause to the trial court. See id. ; Thanhphuong Thi Nguyen v. Dieng Nguyen , 573 S.W.3d 150, 155 (Mo. App. E.D. 2019). Therefore, we grant Respondent's motion for attorney's fees on appeal in the amount of $42,794.50.
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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).