Tadych v. Horner
2011 Mo. App. LEXIS 273
Mo. Ct. App.2011Background
- Horner and Tadych bought a 10-acre Lone Jack property for $79,900 on Sept 1, 2004, with a $40,000 down payment and the balance financed; title was contemplated as husband and wife but they later separated.
- They planned to build a home on the property for themselves and their children, with possible use for a Christian ministry.
- Horner and Tadych separated in Oct 2005; Tadych moved to Oklahoma while construction was incomplete.
- On Apr 22, 2008, Tadych filed a petition for partition of the property.
- A 2009 trial determined they held the property as tenants in common, and commissioners found partition in kind was not feasible; the court ordered a partition sale with proceeds split after deductions for taxes, costs, and Horner’s reimbursements for improvements.
- Horner appealed the judgment, and Tadych sought attorney’s fees post-judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Horner’s $50,000 improvement reimbursement is supported by substantial evidence. | Horner claims improvements totaled $330,000 value. | Tadych contends the trial court properly limited reimbursement to $50,000. | Yes; substantial evidence supports $50,000, not the higher claimed amount. |
| Whether other claimed improvements and hours are payable as partition reimbursements. | Horner argues additional improvements warrant reimbursement. | Tadych argues against broader reimbursements beyond $50,000. | Trial court properly weighed credibility; no additional reimbursements warranted. |
| Whether Tadych’s post-judgment attorney’s fees should be awarded to her counsel. | Horner challenges the full allocation of fees. | Fees are generally for the party who initiated the partition and work benefiting both parties; Horner’s conduct was not vexatious. | Fees denied for post-judgment work; costs awarded only for admitted partition-related efforts. |
Key Cases Cited
- Grossman v. St. John, 323 S.W.3d 831 (Mo. App. W.D. 2010) (affirmation standards for trial court factual findings; weight of evidence considerations)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for trial court judgments)
- Hartog v. Siegler, 615 S.W.2d 632 (Mo. App. E.D. 1981) (improvement reimbursements in partition context; benefits to all owners)
- Ward v. Ward, 640 S.W.2d 477 (Mo. App. E.D. 1982) (partition proceedings; responsibilities in sale processes)
- Nelson v. Hotchkiss, 601 S.W.2d 14 (Mo. banc 1980) (vexatious action and attorney’s fee allocations in partition)
- Munday v. Thielecke, 290 S.W.2d 88 (Mo. 1956) (fee-shifting principles in partition disputes)
- Cooper v. Murphy, 276 S.W.3d 380 (Mo. App. E.D. 2009) (fee awarding when attorney work benefits both parties)
- Rissler v. Heinzler, 316 S.W.3d 533 (Mo. App. W.D. 2010) (standard of review and evidentiary considerations)