Background

• Landlord filed a verified rent-and-possession petition under § 535.020 RSMo in Greene County Circuit Court seeking possession and $1,300 for rent and fees.
• Tenants paid $550 toward April rent in court during trial; May rent remained unpaid and judgment for $550 was entered for May rent with possession authorized.
• An execution for possession issued May 10; Tenants requested trial de novo and a stay under § 535.110 on May 12, claiming inability to pay and bond posted.
• Bond of $550 was posted with the Associate Circuit Clerk to stay execution and for the trial de novo; bond was recognized and stayed pending outcome of the de novo.
• Trial de novo occurred May 20; court entered judgment permitting Landlord possession, plus $550 May rent, $110 late fees, and $300 attorney’s fees; clerk released bond to Landlord on May 21.
• Tenants appeal arguing lack of jurisdiction to enter judgment at trial de novo after bond; court holds jurisdiction proper and issues unpreserved for review.

Issues

Key Cases Cited

• J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (two kinds of jurisdiction; subject matter and personal; subject matter jurisdiction governs court's authority)
• Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of appellate review for trial court judgments)
• Hightower v. Myers, 304 S.W.3d 727 (Mo. banc 2010) (circuit court jurisdiction over civil actions)
• French v. Ester, 749 S.W.2d 461 (Mo.App. 1988) (defenses under § 535.160; preservation required)
• Duchek v. Carlisle, 735 S.W.2d 791 (Mo.App. 1987) (defenses under § 535.160; preservation required)
• Belden v. Donohue, 325 S.W.3d 515 (Mo.App. 2010) (preservation of issues on appeal)
• Solberg v. Graven, 174 S.W.3d 695 (Mo.App. 2005) (review constraints when issue not raised below)