Missouri Court of Appeals, 2008

Solon Gershman, Inc. v. Pnk (Es), LLC

Solon Gershman, Inc. v. Pnk (Es), LLC
Missouri Court of Appeals · Decided November 12, 2008 · Dowd, Ahrens, Sullivan
271 S.W.3d 41; 2008 Mo. App. LEXIS 1491; 2008 WL 5454162 (South Western Reporter, Third Series)

Solon Gershman, Inc. v. Pnk (Es), LLC

Opinion

ORDER

PER CURIAM.

Solon Gershman, Inc. (Appellant) appeals from the trial court’s November 1, 2007 Order and Judgment granting summary judgment in favor of PNK (ES), LLC (Pinnacle) and FelCor Lodging Limited Partnership (Felcor) (collectively Respondents) on Counts IV (quantum meruit) and V (unjust enrichment) of Appellant’s petition; and the trial court’s March 18, 2008 Order and Judgment awarding attorney’s fees and costs to Respondents for defending Appellant’s broker’s lien claim. Pinnacle moves for attorney’s fees on appeal.

We have reviewed the briefs of the parties and the record on appeal and conclude that Pinnacle and Felcor are entitled to judgment as a matter of law on Appellant’s claims. ITT Comm. Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo.banc 1993). We also find that the trial court’s award of attorney’s fees and costs to Respondents was not an abuse of discretion, McClain v. Papka, 108 S.W.3d 48 (Mo.App. E.D. 2003). An extended opinion would have no precedential 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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