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WD88100
Missouri Court of Appeals, Wes...
Jun 30, 2026
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Background

  • All Acres obtained a $6,200 breach-of-contract judgment against Ballard after a bench trial, while the mechanic’s lien claim was denied for lack of proper notice. 1
  • After the judgment became final, All Acres filed a real-estate levy and then moved to force sale of Ballard’s house to satisfy the judgment. 2
  • Ballard claimed the house as his homestead, and the sheriff obtained three appraisals valuing the property at $100,000 to $135,000, each stating that a $15,000 homestead portion could not be severed. 3
  • The trial court denied the sale motion, reasoning that Ballard owned and occupied the homestead before the execution debt and that Missouri statutes did not authorize the requested relief. 4
  • On appeal, All Acres challenged both appellate jurisdiction and the denial of sale, arguing the homestead exemption did not bar sale of the property. 5

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Is the order denying sale appealable? 6 Ballard argued no appealable order existed. All Acres said it was a special order after final judgment. Yes; it was appealable under section 512.020(5). 7
Did the order need to be labeled a judgment? 8 Ballard argued Rule 74.01(a) required denomination as judgment. All Acres said Meadowfresh eliminated that requirement. No; denomination was unnecessary. 9
Did the homestead exemption bar sale of Ballard’s house? 10 All Acres argued homestead law permits sale and transfer of exemption value to proceeds. Ballard argued the homestead was exempt from sale. No; sale was properly denied because equity was not shown. 11

Key Cases Cited

  • Harris v. Mo. Sec'y of State, 725 S.W.3d 603 (Mo. App. W.D. 2025) (appeal rights are purely statutory 12)
  • Wilson v. City of St. Louis, 600 S.W.3d 763 (Mo. banc 2020) (section 512.020(5) governs special orders after final judgment 13)
  • Hudson v. Joplin Reg'l Stockyards, Inc., 701 S.W.3d 862 (Mo. banc 2024) (special order after final judgment relates to enforcement of a final judgment 14)
  • Rhodes v. Mo. Highways & Transp. Comm'n, 718 S.W.3d 419 (Mo. banc 2025) (final judgment disposes of all claims or the last pending claim 15)
  • CoMo Premium Constr. LLC v. Pulster, 724 S.W.3d 823 (Mo. App. W.D. 2025) (alternative unjust-enrichment claim is implicitly denied by a breach-of-contract judgment 16)
  • Vance Bros., Inc. v. Obermiller Constr. Servs., Inc., 181 S.W.3d 562 (Mo. banc 2006) (Prompt Pay Act remedies may accompany other payment claims 17)
  • Wiseman v. Mo. Dep't of Corr., 710 S.W.3d 29 (Mo. App. W.D. 2025) (attorney-fee requests are pursued postjudgment and do not suspend finality 18)
  • Meadowfresh Solutions USA, LLC v. Maple Grove Farms, LLC, 578 S.W.3d 758 (Mo. banc 2019) (statutorily authorized appeals from orders need not be denominated as judgments 19)
  • Meeks Leasing Co. v. Young, 881 S.W.2d 232 (Mo. App. S.D. 1994) (homestead is self-enforcing and requires appraisal of equity before sale 20)
  • Brennecke v. Riemann, 102 S.W.2d 874 (Mo. 1937) (sale of a homestead and transfer of exemption to proceeds is drastic and limited 21)
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Case Details

Case Name: All Acres Roofing, LLC vs. Brandon Beau Ballard
Court Name: Missouri Court of Appeals, Western District
Date Published: Jun 30, 2026
Citation: WD88100
Docket Number: WD88100
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