Missouri Court of Appeals, 2006

Higgins v. Legends Acquisition Co.

Higgins v. Legends Acquisition Co.
Missouri Court of Appeals · Decided February 14, 2006 · Baker, Dowd, Sullivan
184 S.W.3d 136; 2006 Mo. App. LEXIS 166; 2006 WL 328164 (South Western Reporter, Third Series)

Higgins v. Legends Acquisition Co.

Opinion of the Court

ORDER

PER CURIAM.

Nicholas G. Higgins appeals from a summary judgment entered against him and in favor of Legends Acquisition Company, L.L.C. (Legends), d/b/a The Country Club at the Legends (the Club) in Higgins’s cause of action to recover damages for Legends’ failure to partially refund initiation fees Higgins paid to the Club for membership as provided by the Club’s Bylaws. We have reviewed the briefs of the parties and the record on appeal and conclude that the language of Section 5.02 of the Club’s Bylaws is not ambiguous, and because no genuine issues of material fact exist, Legends is entitled to judgment as a *137matter of law. ITT Commercial Fin. Corp. v. Mid-Am, Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). An extended opinion would have no prece-dential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Civil Procedure 84.16(b).

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