Presto Roofing Co. v. Hammons

Supreme Court of Missouri
Presto Roofing Co. v. Hammons, 916 S.W.2d 797 (Mo. 1996)
1996 Mo. LEXIS 17; 1996 WL 73764

Presto Roofing Co. v. Hammons

Opinion of the Court

PER CURIAM.

Presto filed this action alleging a breach of contract and seeking damages, interest, reasonable attorneys’ fees, and enforcement of a mechanic’s hen. The trial court, after hearing the evidence, awarded Presto the contractual amount due, interest, and attorneys’ fees and impressed a mechanic’s hen against the Hammonses’ property. In this Court, Presto filed a petition for attorney’s fees *798under 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.

Reference

Full Case Name
PRESTO ROOFING COMPANY, INC., a Corporation v. James E. HAMMONS
Cited By
2 cases
Status
Published