Bauer v. Bowes
2011 Mo. App. LEXIS 1353
Mo. Ct. App.2011Background
- Bauer Development Co. leased to Belton Food Center, Inc. under a long-term commercial lease, with personal guaranties from the Guarantors.
- Bauer terminated the lease on May 7, 2001, treating BFCI as a tenant at will from May 8, 2001, to July 31, 2001.
- Bauer alleged BFCI removed Bauer property and damaged the premises prior to or during the at-will period, seeking guaranty damages.
- Trial produced four verdicts: Bauer prevailed against BFCI; Guarantors prevailed on their guaranty breaches.
- Bauer moved for Judgment Notwithstanding the Verdict (JNOV); the trial court dismissed the motion; Bauer appealed timely.
- Missouri Court of Appeals affirmed, applying the standard that denial of a plaintiff’s JNOV is reviewed like a directed verdict when the plaintiff seeks JNOV.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review for JNOV denial | Bauer contends there was substantial evidence of breach of guaranty. | Guarantors argue standard aligns with directed verdict when against the plaintiff. | No reversible error; denial reviewed as directed verdict; Bauer not entitled. |
Key Cases Cited
- Dhyne v. State Farm Fire & Cas. Co., 188 S.W.3d 454 (Mo. banc 2006) (standard for submissibility in JNOV context)
- Fletcher v. Kansas City Cancer Ctr., LLC, 296 S.W.3d 474 (Mo. App. W.D. 2009) (submissibility vs. JNOV standard)
- Kline v. City of Kansas City, 334 S.W.3d 632 (Mo. App. W.D. 2011) (JNOV standard mirrored to directed verdict standard)
- All Am. Painting, LLC v. Financial Solutions & Assocs., Inc., 315 S.W.3d 719 (Mo. Banc 2010) (burden of proof and directed verdict principles)
- Brandt v. Pelican, 856 S.W.2d 658 (Mo. Banc 1993) (directed verdict considerations)
- Taylor v. United Parcel Serv., Inc., 854 S.W.2d 390 (Mo. Banc 1993) (timing for post-judgment motions and finality)