341 S.W.3d 162
Mo. Ct. App.2011Background
- Webb owns a condo in Village Green; the Association levied unpaid assessments, late fees, and fees against Webb.
- The Association filed a Petition for Assessments on July 31, 2009 seeking May 2009–May 2010 past due amounts, late fees, and attorney's fees.
- Webb did not answer; trial occurred May 5, 2010 with the Association presenting management testimony and ledgers.
- The Association’s ledger showed a January 1, 2006 balance forward of $3,044.15, later credited by AMC as $2,137.63 (noted as reconciliation) and challenged as unverified.
- Webb argued the January 2006 balance was unsubstantiated and that the ledger created by the Association was unreliable; she admitted no payments since May 2009.
- On May 11, 2010 the trial court awarded the Association $6,575.00 for past and accelerated assessments, late fees, and attorney’s fees; the Court of Appeals reverses and remands for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Damages proven with reasonable certainty from unverified starting balance | Manors argues damages based on ledger starting balance is unreliable | Webb contends starting balance was unsubstantiated and damages speculative | Remanded; damages not proven with reasonable certainty; new trial allowed |
| Authority to collect accelerated assessments, late fees, and attorney's fees | Manors asserts proper authority to recover these items | Webb challenges recoverability of such fees | Remanded; issue not addressed due to remand on damages |
Key Cases Cited
- Delgado v. Mitchell, 55 S.W.3d 508 (Mo.App. S.D. 2001) (damages must be proven with reasonable certainty)
- Carmel Energy Inc. v. Fritter, 827 S.W.2d 780 (Mo.App. W.D. 1992) (damages require competent evidence; no mere speculation)
- American Laminates, Inc. v. J.S. Latta Co., 980 S.W.2d 12 (Mo.App. W.D. 1998) (adequate proof of damages with reasonable certainty)
- Boyd v. Lollar, 985 S.W.2d 403 (Mo.App. W.D. 1999) (damages must be supported by evidence beyond conjecture)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for court-tried cases: substantial evidence)