Buemi v. Kerckhoff
359 S.W.3d 16
| Mo. | 2011Background
- Homeowners sued Kerckhoff defendants and others over water system adequacy in Pevely Farms.
- In July 2008, the case was referred to mediation; term sheets were created but not all terms were agreed.
- Mediated form stated “Case settled in principle” and was signed by some defendants; terms were not attached or finalized.
- Motions to enforce settlement and for sanctions were filed; mediator testified no settlement was reached.
- Trial court sanctioned the Kerckhoff defendants for bad faith, ordering $122,425 in attorney’s fees; order labeled as final for purposes of appeal.
- The Kerckhoff defendants appealed, contend the sanction order is a final judgment; the appellate court dismissed the appeal for lack of a final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sanctions order is a final judgment under 512.020 | Kerckhoff argues Rule 74.01(b) allows appeal of the sanctions order. | State contends the order is not a final judgment; thus not appealable under 512.020. | Not a final judgment; appeal dismissed |
| Whether Rule 74.01(b) permits immediate appeal of a sanctions order | Kerckhoff asserts a distinct claim for relief exists allowing immediate appeal. | State asserts sanctions are not a separate claim for relief under Rule 74.01(b). | Rule 74.01(b) does not permit it; no immediate appeal |
| Definition of 'claim for relief' and 'distinct judicial unit' under Rule 74.01(b) | Kerckhoff relies on broader interpretation allowing collateral actions to be separately appealable. | State relies on Committee for Educational Equality and Gibson limiting to distinct claims in pleadings. | Sanctions not a separate 'claim for relief'; not appealable under Rule 74.01(b) |
| Alternative avenues for reviewing sanctions given lack of final judgment | Appeal after final judgment or writ relief could review sanctions. | Writs or post-final-judgment review; certification cannot create immediate appeal. | Review may occur after final judgment or by writ; certification has no effect here |
Key Cases Cited
- Committee for Educational Equality v. State, 878 S.W.2d 446 (Mo. banc 1994) (defines 'distinct judicial unit' and limits on 74.01(b))
- Gibson v. Brewer, 952 S.W.2d 239 (Mo. banc 1997) (requires final judgment on a claim for appeal; separate issues/judicial unit)
- Mulay Plastics, Inc. v. Grand Trunk W. R.R. Co., 742 F.2d 369 (7th Cir. 1984) (Rule 54(b) sanctions not appealable as a separate claim)
- Harting v. Stout, 690 S.W.2d 458 (Mo.App. 1985) (sanctions certification not available under prior rule)
- Transit Cas. Co. ex rel. Pulitzer Publ’g Co. v. Transit Cas. Co. ex rel. Intervening Envp., 43 S.W.3d 293 (Mo. banc 2001) (exceptional writs to review absence of final judgment)
- Leahy v. Leahy, 858 S.W.2d 221 (Mo. banc 1993) (sanctions review after judgment)